Employment Law - Disclosing details of surgery?
Employment Law - Disclosing details of surgery?
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Discussion

bulldog5046

Original Poster:

1,495 posts

207 months

Wednesday 19th December 2012
quotequote all
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

TurricanII

1,516 posts

227 months

Wednesday 19th December 2012
quotequote all
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.

rog007

5,828 posts

253 months

Wednesday 19th December 2012
quotequote all
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!

Davel

8,982 posts

287 months

Wednesday 19th December 2012
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Strapadictomy?

bulldog5046

Original Poster:

1,495 posts

207 months

Wednesday 19th December 2012
quotequote all
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....

singlecoil

35,826 posts

275 months

Thursday 20th December 2012
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"Ask no questions and you'll be told no lies" has always been good advice. Turn it around and, if they are asking questions that they shouldn't, just be economical with the truth.

contractor

922 posts

214 months

Thursday 20th December 2012
quotequote all
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

bulldog5046

Original Poster:

1,495 posts

207 months

Thursday 20th December 2012
quotequote all
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.

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

Original Poster:

1,495 posts

207 months

Friday 21st December 2012
quotequote all
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..

Davel

8,982 posts

287 months

Friday 21st December 2012
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So you can tell us now - we won't tell anyone!

dudleybloke

20,553 posts

215 months

Friday 21st December 2012
quotequote all
wont they notice the new tits anyway?

smile

Jasandjules

72,574 posts

258 months

Friday 21st December 2012
quotequote all
bulldog5046 said:
Hi,
That question i have been asked at the moment is simply "What is the Op for?"
Who is asking?

elanfan

5,527 posts

256 months

Sunday 23rd December 2012
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When you return after the operation and youi sit down gingerly won't they have a good idea anyway?

DarkHorseTerence

590 posts

268 months

Friday 28th December 2012
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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 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.






bulldog5046

Original Poster:

1,495 posts

207 months

Friday 28th December 2012
quotequote all
DarkHorseTerence said:
Glad its all sorted but your HR department dont really have a clue.
We could leave it here and it's probably entirely correct.

It's a medium business (235ish employee's), they are still learning by their mistakes smile

Galsia

2,266 posts

219 months

Saturday 29th December 2012
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Just tell them when you get back.

"Penis reduction. Yep, just got the one now..."

GV

2,366 posts

253 months

Saturday 29th December 2012
quotequote all
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?

ShampooEfficient

4,278 posts

240 months

Saturday 29th December 2012
quotequote all
elanfan said:
When you return after the operation and youi sit down gingerly won't they have a good idea anyway?
"Have you always had boobs?"

DarkHorseTerence

590 posts

268 months

Saturday 5th January 2013
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only 'moobs' biggrin