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jitking Posted: 18 Aug 2011 11:21 AM

After being unemployed for a year, I finally secured my first social work post on condition of references, CRB, 6mth probation and health clearance. The only problem is at the time of filling out the medical questionnaire I ticked the no box for gynae problems. I have fibroids which never been a problem, as I’m not on any medication; that’s why I ticked the no box. However in January I noticed that stomach was getting bigger and went to my doctor for advice. He sent me for scans; and to cut a long story short I’ve been told (last week) I need to have a hysterectomy in October, due to the size of the fibroid. I have not yet received medical clearance, and I’m having sleepless nights thinking that the offer will be withdrawn once they get my doctor’s report. My prospective employers may think I’ve misled them or that I’m unfit to work. I’ve not heard from my prospective employer but I was hoping to delay starting (providing all goes well) until after my operation.  I also have hypertension which I declared along with current medication; my health record is exemplary apart from this issue. Please help!

Top 25 Contributor

It is a personal thing and I would personally be open and honest about it. That way you can negotiate something sooner rather than later. But again, that is your decision.

Top 25 Contributor

The way I look at it is that your fibroids were not a problem at the time you ticked the box, so you didn't mislead them. They became a problem later. But I would sit down and discuss it with your employer. That's your only option, really, but your employer may well be supportive.

 

Top 10 Contributor

You can call ACAS for free advice and help:
Monday-Friday, 8am-8pm and Saturday, 9am-1pm: 08457 47 47 47.
http://www.acas.org.uk/index.aspx?articleid=2042

The info below might help

Health checks

You may have to have a health check if it's a legal requirement of the job (for example, having an eye test for a job as a driver).
http://www.direct.gov.uk/en/Employment/Startinganewjob/DG_10026518

Employer guidance:

Employers "....are not allowed to ask any job applicant about their health or any disability until the person has been:

    * offered a job either outright or on conditions, or

    * included in a pool of successful candidates to be offered a job when a position becomes available (for example, if an employer is opening a new workplace or expects to have multiple vacancies for the same role but doesn't want to recruit separately for each one).

This includes asking such a question as part of the application process or during an interview. Questions relating to previous sickness absence count as questions that relate to health or disability.

No-one else can ask these questions on your behalf either. So you cannot refer an applicant to an occupational health practitioner or ask an applicant to fill in a questionnaire provided by an occupational health practitioner before the offer of a job is made (or before inclusion in a pool of successful applicants) except in very limited circumstances, which are explained next.

The point of stopping employers asking questions about health or disability is to make sure that all job applicants are looked at properly to see if they can do the job in question, and not ruled out just because of issues related to or arising from their health or disability, such as sickness absence, which may well say nothing about whether they can do the job now.

You can ask questions once you have made a job offer or included someone in a group of successful candidates. At that stage, you could make sure that someone’s health or disability would not prevent them from doing the job. But you must consider whether there are reasonable adjustments that would enable them to do the job.

http://www.equalityhumanrights.com/advice-and-guidance/guidance-for-employers/the-duty-to-make-reasonable-adjustments-for-disabled-people/questions-about-health-or-disability/

 
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