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Should employers avoid asking about general wellbeing during interviews?

Can employers make conditional offers subject to health clearance and then withdraw an offer if the health requirement is not met?

In what circumstances might an employer need to obtain a medical report on an employee?


From whom can an employer obtain a medical report on an employee?

An employer can obtain a medical report from the employee’s own GP or consultant, from its own occupational health adviser (if it has one), or from an independent occupational health adviser or medical practitioner. When deciding whom to instruct to provide a report, the employer should consider the purpose of the report and the kind of information that is required.

The employee’s own doctor will have a greater knowledge and understanding of the employee’s health and medical history, but may not understand the nature of his or her work. Therefore, if the employer needs to know about the employee’s medical history for the purpose of investigating frequent short-term absences, it may consider the employee’s own doctor to be the most appropriate person to provide a report.

Occupational health practitioners are specialists in assessing the working environment and practices in relation to employees’ health. Therefore, employers may consider them to be better placed than an employee’s own doctor to advise on potential reasonable adjustments or on the effects of an employee’s medical condition in relation to his or her specific role or working environment.

The employer should also consider which adviser is most likely to be able to provide an objective report. For example, the employee’s own GP may be wary about providing an opinion that could affect his or her patient’s employment.

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Which medical reports are covered by the Access to Medical Reports Act 1988?

In what circumstances is a medical practitioner not obliged to give an employee access to a medical report prepared on him or her?

Can an employee who initially indicated that he or she did not want to see a medical report before the medical practitioner discloses it to the employer subsequently request to see it?

Does an unsuccessful job applicant require concrete evidence to prove that he or she was discriminated against?

In what circumstances can an employer lawfully reject a disabled job applicant for reasons of his or her disability?

How is the obligation to make reasonable adjustments in the recruitment process affected by the rules on health enquiries?

Can an employer legitimately reject a disabled job applicant on the grounds of the costs/disruption to its organisation?

What should an employer do when recruiting for a job that it believes will require a particular level of fitness or health?

When selecting for a position can an employer operate a positive disability discrimination policy?

Can an employee bring a pay discrimination claim on grounds other than sex?

Is an employer liable for offensive and/or potentially discriminatory material or comments posted on its intranet bulletin board?

Does a generic induction day suffice for all new recruits?

What provisions should employers make for the induction of disabled employees?

Is an employer under a duty to dismiss an employee whose disability makes him or her particularly susceptible to the risk of harm?

Can an employee be dismissed on the basis that he or she did not disclose a medical condition on the application form?

Can an employer's health and safety obligations override its duties under anti-discrimination legislation?

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