Do I have to give health information to a new employer ?
Do I have to give health information to a new employer ?
Hello Gouch37
Thank you for contacting Macmillan Cancer Support. My name is Rachel and I am a Work Support Advisor on Macmillan’s National Support Line.
I am not sure from your enquiry, whether you are looking for work or whether you have been successful in securing a new post, so I have provided information which I hope will be useful for both situations.
You may not be aware but if you have a cancer diagnosis you are considered to have a disability under the Equality Act 2010 or Disability Discrimination Act 1995 (if you are in Northern Ireland). This covers those who are in work as well as those seeking work.
If you are looking for work and live in England, Wales or Scotland, it is your decision whether to divulge your cancer diagnosis during the recruitment process and under the Data Protection Act 2018 you have the right to medical confidentiality. Section 60 of the Equality Act 2010 generally makes it unlawful to ask questions around health to a job applicant before a job is offered. If you choose not to declare your diagnosis, an employer is only able to ask you about your health under the following circumstances:
This is slightly different in Northern Ireland where health questions can be asked but the employer cannot discriminate because of a cancer diagnosis. The Labour Relations Agency can provide more information relating to this if needed
It can also be an advantage to disclose your diagnosis if the employer has a positive policy towards employing people with a disability. Some employers may advertise a job and include the ‘disability confident’ symbol which shows that the employer is committed to employing disabled people and an interview would be guaranteed if the basic conditions for the job are met.
Any new or potential employer should not discriminate against you because of your cancer and is under a duty to make reasonable adjustments to help you at work. This protection is lifelong and does not depend on an active cancer diagnosis. Reasonable adjustments remove or minimise disadvantages experienced by disabled people and can vary from the provision of equipment to changes in the way an employee works. The employer has a duty to consider all reasonable adjustments and must be able to demonstrate why it is ‘unreasonable’ to accommodate the request, if they were to refuse it, otherwise it could suggest that the employee is being treated less favourably as a disabled person. If this happens it would be advisable to seek further advice.
If you need to make a request for reasonable adjustments to help you with your new job, I suggest that you make it in writing. If you have a union representative you could discuss this with them. The Equality Advisory and Support Service produce template letters that can be used to request reasonable adjustments (titled “Request to make Reasonable Adjustments”). Suggestions about the adjustments you need can be included. It may help to support the request with medical evidence from a doctor, such as a Fit Note that lists the adjustments you need. The employer may arrange for you to have an Occupational Health assessment to identify reasonable adjustments you may need. You can also ask for reasonable adjustments to the interview process if this would be of benefit to you.
If you have accepted the offer of a new job, you may be asked to fill in a more in-depth health questionnaire. In doing so, it is important to be truthful as misleading or giving incomplete information could put you in a difficult position later. If a firm unconditional job offer is given to an employee who then discloses a diagnosis and the job offer is then retracted, this could be discriminatory, and it would be advisable to seek further advice.
If you decide not to disclose your cancer to a new or potential employer, it may be that you are not protected from discrimination as it would depend on whether the employer could argue it is not reasonable for them to understand you are disabled.
I do hope this helps and the very best of luck with your job search or new role.
Best regards
Remember you can also speak with the Macmillan Support Line team of experts. Phone free on 0808 808 0000 (7 days a week, 8am-8pm) or by email.
