Client requiring medical questionnaire and access to medical records

[SueEllen]

Hi Guys,

Thanks for the replies, a bit more info...

The site is a research facility and as such will not all be standard office environments. The contract is initially for 6 months but as a 'trial' to see if a permanent position is viable. It seems like the company is already treating me as an employee as they have asked for details such as NI number as well.

As it's the agency that have forwarded the form on to me, I guess that suggests they are ok with it. One further point if I do fill it in is that the agency will also have possession of a confidential medical document which they have no right to.

The only other time I've had a similar situation was when I went permanent after 3 years contracting at a chemical plant. Shortly after permanent employment started I had a medical exam/questionnaire but not before. I also believe it's against employment law to require detailed medical information before employment has commenced.

http://www.equalityhumanrights.com/s...yers_final.pdf

Thanks,
Ted

I can set myself up as a recruitment agent tomorrow and so can you.

In other words agents will forward anything without thinking as they don't understand the real reasons you need to complete something. They will also try and make you complete it to tick boxes.

All you need to do is ignore it, then if pushed insist in talking to the agency's director. It does help if you know the various laws/regulations around being a contractor (already highlighted on here for you) and about Data Protection.

[LisaContractorUmbrella]

It sounds to me, on the face of it, that this could be considered discriminatory - I am pretty sure that a company cannot consider the medical history of an individual when making a job offer Disability Discrimination

[BrilloPad]

Technically since 2012(I think) it is illegal to discrimate against employees on health grounds - or at least mental health.

But as a contractor they can do whatever they want.

[northernladuk]

Hi Guys,

Thanks for the replies, a bit more info...

The site is a research facility and as such will not all be standard office environments. The contract is initially for 6 months but as a 'trial' to see if a permanent position is viable. It seems like the company is already treating me as an employee as they have asked for details such as NI number as well.

Everything about this sounds like a permie role. You can be on trial for a role in a permie position as well. I hope you are going through a brolly on this one as I strongly suspect you will be inside. From what they are saying I would guess there is no chance of RoS and you will be under D&C from day one as well as maybe MoO issues if they expect it to go perm.

Sounds like a trial period with a different billing system to me.

[northernladuk]

It sounds to me, on the face of it, that this could be considered discriminatory - I am pretty sure that a company cannot consider the medical history of an individual when making a job offer Disability Discrimination

That may be so but surely there is some responsibility for a company to carry out some screening to make sure they are not putting people at risk and can get sued for it further down the line? Surely they have a duty of care to some level, particularly when dealing with very risky sites. For example, they wouldn't put someone with a pacemaker in a power station with strong electromagnetic fields etc...

The type of research could be key....

[LisaContractorUmbrella]

Technically since 2012(I think) it is illegal to discrimate against employees on health grounds - or at least mental health.

But as a contractor they can do whatever they want.

Not sure - there is legal evidence to suggest otherwise Improved rights for agency workers after discrimination case win | Equality and Human Rights Commission

[LisaContractorUmbrella]

That may be so but surely there is some responsibility for a company to carry out some screening to make sure they are not putting people at risk and can get sued for it further down the line? Surely they have a duty of care to some level, particularly when dealing with very risky sites. For example, they wouldn't put someone with a pacemaker in a power station with strong electromagnetic fields etc...

The type of research could be key....

The guidance on the Equalities Act goes on for an epic number of pages so am not 100% but I believe you can ask questions for the sort of reason that you've given here but you can't refuse to offer an individual a job based purely on the answers that they give if the disability they have (or have had) meets the qualifying standards of the legislation

[northernladuk]

Not sure - there is legal evidence to suggest otherwise Improved rights for agency workers after discrimination case win | Equality and Human Rights Commission

All very nice if you are an agency worker.......

[northernladuk]

The guidance on the Equalities Act goes on for an epic number of pages so am not 100% but I believe you can ask questions for the sort of reason that you've given here but you can't refuse to offer an individual a job based purely on the answers that they give if the disability they have (or have had) meets the qualifying standards of the legislation

What about family aspirations to females of child bearing age?

Does that mean if my builder is a lazy fat slob I can't get rid of him?

[Dactylion]

Does that mean if my builder is a lazy fat slob I can't get rid of him?

Suity is your builder?

@OP
They are treating this as a trial for a permie role - and are therefore going through all their permie take-on bumf now.
The pimp is just passing it on to you, almost certainly without even looking at it.