Practical guidance on obtaining and using a medical report on an employee for the purpose of managing absence, complying with the duty to make reasonable adjustments for disabled employees, or in the recruitment process, including how to comply with the Access to Medical Reports Act 1988 and the Data Protection Act 1998.
In Cheltenham Borough Council v Laird  IRLR 621 HC, the High Court dismissed claims that a former employee had fraudulently or negligently failed to disclose information about her health in a pre-employment questionnaire. She had answered the questions accurately and truthfully, and as a reasonable lay person with her medical history would have answered them.
The High Court decision in Cheltenham Borough Council v Laird highlights the importance of both the wording of pre-employment health questionnaires and their administration.
A model form for use when the company wishes a prospective employee to undergo a medical examination.
A doctor retained by an employer to carry out medical assessments of its prospective employees owes no duty of care to those prospective employees in carrying out and reporting the conclusions of such assessments to the employer, holds the Court of Appeal in Kapfunde v Abbey National plc and Daniel.
A doctor retained by a company to carry out pre-employment medical assessments of its prospective employees owed a duty to one of them to take reasonable care in carrying out his assessment, and in arriving at a judgment as to whether or not to recommend the prospective employee for employment, holds the High Court in Baker v Kaye.
HR and legal information and guidance relating to use of medical questionnaires and examinations.