Employer revealed medical info on reference

MrsJardinera

Hi all,

I recently received a conditional offer of employment. The offer was subject to reference checks, disclosure etc.
There was also a medical form which I had to complete. I recently suffered from an episode of anxiety due to trying to work and study at the same time. I chose not to reveal this on the medical form as I know that there is still sometimes a stigma attached to 'mental illness'.
However, since then, my current employer has provided a reference claiming that I have been 'severely depressed' - something which I was not diagnosed with. She said that I have not been eating or sleeping etc etc and I just feel that it was all very unecessary and spiteful. I do agree that I have been over stressed recently and this has resulted in me seeking medical help but due to this reference, I am now waiting to hear whether the prospective employer will withdraw the job offer.
Can anyone offer any advice as to how I can rectify this?

Thank you.

anamenottaken

MrsJardinera wrote: »

Hi all,

I recently received a conditional offer of employment. The offer was subject to reference checks, disclosure etc.
There was also a medical form which I had to complete. I recently suffered from an episode of anxiety due to trying to work and study at the same time. I chose not to reveal this on the medical form as I know that there is still sometimes a stigma attached to 'mental illness'.
However, since then, my current employer has provided a reference claiming that I have been 'severely depressed' - something which I was not diagnosed with. She said that I have not been eating or sleeping etc etc and I just feel that it was all very unecessary and spiteful. I do agree that I have been over stressed recently and this has resulted in me seeking medical help but due to this reference, I am now waiting to hear whether the prospective employer will withdraw the job offer.
Can anyone offer any advice as to how I can rectify this?

Thank you.

Unlikely perhaps but did the medical form you completed say you agreed to the employer checking the facts with a medical adviser or employer?

So you weren't truthful in completing the form? That is you omitted the information or ticked a "no" box when asked specific questions.

What did the box ask about mental health or recent medical appointments?

How do you know what was given in the reference?

ILW

Did you take time off due or make errors to the medical issues?

Bobl

Had you taken time off sick for this condition? If so that would be relevant to any new employer, so you may have put yourself in a difficult position by not disclosing it yourself.

MrsJardinera

I ticked a box which said that I did not give permission for the employer to contact my doctor.
There was a line which said something like 'Please give details of any medical condition which may affect your work' and I left that blank as my anxiety will not affect my work.
I was truthful about any time which I had off work (2 weeks) and I still completed all my duties to the same standard as I have done since I started in the job.
I approached my current employer about the reference she gave yesterday as the new employer called me to say that there was some discrepancies between the medical information I had provided & a reference which they had received. I knew straight away that this would be the reference from my current employer as I had a feeling that she would be spiteful in order to prevent me from leaving. She read the reference out to me.

anamenottaken

MrsJardinera wrote: »

I ticked a box which said that I did not give permission for the employer to contact my doctor.
There was a line which said something like 'Please give details of any medical condition which may affect your work' and I left that blank as my anxiety will not affect my work.
I was truthful about any time which I had off work (2 weeks) and I still completed all my duties to the same standard as I have done since I started in the job.
I approached my current employer about the reference she gave yesterday as the new employer called me to say that there was some discrepancies between the medical information I had provided & a reference which they had received. I knew straight away that this would be the reference from my current employer as I had a feeling that she would be spiteful in order to prevent me from leaving. She read the reference out to me.

In that case, why not contact them and ask whether they would like to discuss with you what they see as discrepancies?

It could be useful if you were now to allow them to contact your GP in order that s/he could confirm that your recent reason for contacting them is not expected to affect your work performance or attendance (if that is their opinion).

MrsJardinera

They emailed me to clarify a few things. I was honest in my email and said that I have recently received notification of treatment which I will be receiving and I fully intended to tell them about that before I started.
I am calling my GP later today. I don't think they need to access my full medical records as I feel that that is a step too far but like you say, perhaps if he could confirm that I am perfectly able to carry out my job, that might just help. Fingers crossed.

Yorkie1

I'd have a look at the Data Protection Act - Information Commissioner's website.

Sensitive personal information must be accurate and processed lawfully. Sounds as though what your former employer has done, is not in compliance with this.

harrys_dad

If you had two weeks off work I suspect it would be legitimate for your employer to put in a reference the reason for your absence. This should however be exactly what your doctor put on the certificate, not an interpretation or exaggeration.

LannieDuck

I would be inclined to ask your doctor to write a letter for you that states you "are not now, and never have been, diagnosed with depression". That should over-rule the non-medical opinion of your referee.

pimento

Were you diagnosed (by your doctor) with 'Severe depression'? If not then your ex employer has over stepped the mark. I'd be furious.

Which medical school did she qualify at?