Employment Law - Disclosing details of surgery?
Discussion
Hi,
I was hoping someone could provide some details on if i must provide details about some surgery i have coming up?
That question i have been asked at the moment is simply "What is the Op for?"
It's a personal, non-cosmetic surgery but i really don't wish to discuss with anyone, i've not even told my family!
My feeling would be that other than providing the doctors sign off for the recovery period i would not be required to provide further details? hopefully someone could provide reference to relevent law's as i'm struggling to find an answer for UK(England) employment law regarding it.
Regards,
Ryan
I was hoping someone could provide some details on if i must provide details about some surgery i have coming up?
That question i have been asked at the moment is simply "What is the Op for?"
It's a personal, non-cosmetic surgery but i really don't wish to discuss with anyone, i've not even told my family!
My feeling would be that other than providing the doctors sign off for the recovery period i would not be required to provide further details? hopefully someone could provide reference to relevent law's as i'm struggling to find an answer for UK(England) employment law regarding it.
Regards,
Ryan
Not sure what the law might be, but I expect your employer will want to assess whether this would impact your ability to do the job, and whether you will need extended periods of absence to recover. I would reply with 'I'd rather not go into the details but I can assure you that there is no bearing on my ability to do the job' - if it is applicable - you have to be honest! I'd also give the employer an indication of what time off might be required in future.
If they still feel they need to know, perhaps you could say again that it is of a personal nature, and ask them what concerns they have.
If they still feel they need to know, perhaps you could say again that it is of a personal nature, and ask them what concerns they have.
This is an old chestnut; employer needing to assess risk of potential employee not being able to do that which he is being hired to do versus the confidentiality of the future patient's medical situation. I suspect the patient could placate the employer by, if indeed this is the case, saying that the condition will not have an impact upon his ability to carry out the role. Good luck!
So, it still seems like its a grey area?
I'll try the advised of reassuring them that it will not effect(affect?) my work.
I will only be out for a week or two on recovery but the problem i have with telling them is that it's a small company and those who would know i would have to talk to face to face on a regular basis. Having them know more about my personal life than my closest friends and family makes me feel uncomfortable.
That, and i franky don't trust gobby mouthed HR women not to talk about it with others. Any confidentiallity i don't forsee being legally binding....
I'll try the advised of reassuring them that it will not effect(affect?) my work.
I will only be out for a week or two on recovery but the problem i have with telling them is that it's a small company and those who would know i would have to talk to face to face on a regular basis. Having them know more about my personal life than my closest friends and family makes me feel uncomfortable.
That, and i franky don't trust gobby mouthed HR women not to talk about it with others. Any confidentiallity i don't forsee being legally binding....
contractor said:
Either don't tell them or tell them, and when they don't give you the job becuase of whatever reason, pull it out as discrimination...
Tbh it sounds like you should start looking elsewhere
This isnt a potential employer, this is my current employer of 12months.Tbh it sounds like you should start looking elsewhere
I don't have any problem with the them, i was just caught a bit off guard by the question.
I've responded to my manager explaining and not heard anything back as yet...
bulldog5046 said:
All sorted now.
It seems it was just conveyed to me incorrectly. HR just require a doctors not explaining i have surgery coming up and will require time off etc. Apparently to do with claiming tax back..
Glad its all sorted but your HR department dont really have a clue. They do have an obligation to understand what is potentially a risk to you when you return to work. If you dont wish to tell them, they can use this as clear evidence that they had no ability to mitigate the risk but the questions have to go like thisIt seems it was just conveyed to me incorrectly. HR just require a doctors not explaining i have surgery coming up and will require time off etc. Apparently to do with claiming tax back..
Employer "Whats your operation for? is it serious? do we need to make any adjustments to your work when you return? will you be on medication? if so are there potential side effects?"
Employee "I dont want to tell you anything its private"
Employer "Ok thats your right, but can your GP/COnsultant answer these questions on your behalf in a way which will not compromise your confidentiality? we could write to him/her and they could tell us what we need to know about reasonable adjustments etc without knowing what your actual operation is?"
Employee "Yes thats fine" = employee and employer both covered and fulfilling their obligations.
Employee "No I dont want you to" = employer largely absolved from making any adjustments or offering you great support on your return - just get back to work and get on with it and dont blame us if you aggravate something.
Theres more to it than this, but a proper HR professional should know all these basics and have this in writing on your records.
DarkHorseTerence said:
Glad its all sorted but your HR department dont really have a clue. They do have an obligation to understand what is potentially a risk to you when you return to work. If you dont wish to tell them, they can use this as clear evidence that they had no ability to mitigate the risk but the questions have to go like this
Employer "Whats your operation for? is it serious? do we need to make any adjustments to your work when you return? will you be on medication? if so are there potential side effects?"
Employee "I dont want to tell you anything its private"
Employer "Ok thats your right, but can your GP/COnsultant answer these questions on your behalf in a way which will not compromise your confidentiality? we could write to him/her and they could tell us what we need to know about reasonable adjustments etc without knowing what your actual operation is?"
Employee "Yes thats fine" = employee and employer both covered and fulfilling their obligations.
Employee "No I dont want you to" = employer largely absolved from making any adjustments or offering you great support on your return - just get back to work and get on with it and dont blame us if you aggravate something.
Theres more to it than this, but a proper HR professional should know all these basics and have this in writing on your records.
HR's info is only as good as the info the employee has chosen to tell them. Essentially you are bound by whatever is in your contract of employment. To ask a generic question on here about an op and whether or not you should tell your employer will not give you the answer you are looking for. Having said that, the fact that tax has been mentioned as opposed to the cause of the op may indicate that you may be covered by a private health scheme paid for by your employer?
Employer "Whats your operation for? is it serious? do we need to make any adjustments to your work when you return? will you be on medication? if so are there potential side effects?"
Employee "I dont want to tell you anything its private"
Employer "Ok thats your right, but can your GP/COnsultant answer these questions on your behalf in a way which will not compromise your confidentiality? we could write to him/her and they could tell us what we need to know about reasonable adjustments etc without knowing what your actual operation is?"
Employee "Yes thats fine" = employee and employer both covered and fulfilling their obligations.
Employee "No I dont want you to" = employer largely absolved from making any adjustments or offering you great support on your return - just get back to work and get on with it and dont blame us if you aggravate something.
Theres more to it than this, but a proper HR professional should know all these basics and have this in writing on your records.
HR's info is only as good as the info the employee has chosen to tell them. Essentially you are bound by whatever is in your contract of employment. To ask a generic question on here about an op and whether or not you should tell your employer will not give you the answer you are looking for. Having said that, the fact that tax has been mentioned as opposed to the cause of the op may indicate that you may be covered by a private health scheme paid for by your employer?
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