Telling new employer about health issue

Telling new employer about health issue

Author
Discussion

wingnut1980

Original Poster:

6 posts

17 months

Tuesday 22nd April
quotequote all
Hi,

I am being made redundant and the stars have aligned with an incredible new job opportunity presenting itself at the same time.

I also have young onset Parkinson’s. It’s fairly well controlled with meds currently and doesn’t really affect my work. However I’m under no illusion that that may change over time.

I was planning to tell my new employer once the contract is signed. Is this the best strategy? Should I say sooner? I don’t want them to be blindsided but also don’t want to jeopardise any chances of getting the job.

Thanks

popeyewhite

22,726 posts

132 months

Tuesday 22nd April
quotequote all
If it might affect your work you should tell them.

cliffords

2,322 posts

35 months

Tuesday 22nd April
quotequote all
The contract my well have a clause that says if circumstances change that have an effect on your ability to do your job, you should inform your employer immediately.
This normally in place with a similar clause on items not disclosed at take on, that may effect etc etc.
It's a very difficult call but remember if you sign an agreement , that's what it is. Non disclosure could be gross misconduct. The agreement negates any legal position if you have signed it.

Edited to add. I am not advising you on what course of action you take, purely pointing out the likely contractual obligations you may make in joining your new employer.

Edited by cliffords on Tuesday 22 April 13:02

TownIdiot

3,149 posts

11 months

Tuesday 22nd April
quotequote all
I wouldn't tell them at all.

vaud

54,128 posts

167 months

Tuesday 22nd April
quotequote all

See here: https://howarths-uk.com/2021/02/23/what-if-an-empl...

Also a contract cannot override the law.

dundarach

5,589 posts

240 months

Tuesday 22nd April
quotequote all
TownIdiot said:
I wouldn't tell them at all.
Nor would I.

Anything could happen to any of us at any time, my dad dropped dead at 49, I'm certain he didn't expect or tell the coppers he was about to go!!

Unless you have to legally don't!


cliffords

2,322 posts

35 months

Tuesday 22nd April
quotequote all
vaud said:
See here: https://howarths-uk.com/2021/02/23/what-if-an-empl...

Also a contract cannot override the law.
This is actually a very good article. More informative than my reply. The OP should consider.
In terms of the contract overriding the law, it's a moot point in employment framework. In effect you agree to what the contract says. Working time directive is a great example of this where you agree to do the hours needed to carry out your duties. You don't actually agree to ignore the working time directive. Albeit it has now become a legally recognised position. There are quite a few other examples, especially in financial services where I gained my knowledge. I won't hog the post. OP I urge you to read this article provided by Vaud.


Edited by cliffords on Tuesday 22 April 13:25

popeyewhite

22,726 posts

132 months

Tuesday 22nd April
quotequote all
dundarach said:
TownIdiot said:
I wouldn't tell them at all.
Nor would I.

Anything could happen to any of us at any time, my dad dropped dead at 49, I'm certain he didn't expect or tell the coppers he was about to go!!

Unless you have to legally don't!
I'd like to think personal morals play a part here. The OP knows he's not well/possibly going to be ill, your Dad didn't (I think I've got that right?)

TownIdiot

3,149 posts

11 months

Tuesday 22nd April
quotequote all
popeyewhite said:
dundarach said:
TownIdiot said:
I wouldn't tell them at all.
Nor would I.

Anything could happen to any of us at any time, my dad dropped dead at 49, I'm certain he didn't expect or tell the coppers he was about to go!!

Unless you have to legally don't!
I'd like to think personal morals play a part here. The OP knows he's not well/possibly going to be ill, your Dad didn't (I think I've got that right?)
the law seems pretty clear on the matter, and if this condition has an impact on his work then his employers will notice and will be able to act accordingly.

cliffords

2,322 posts

35 months

Tuesday 22nd April
quotequote all
TownIdiot said:
popeyewhite said:
dundarach said:
TownIdiot said:
I wouldn't tell them at all.
Nor would I.

Anything could happen to any of us at any time, my dad dropped dead at 49, I'm certain he didn't expect or tell the coppers he was about to go!!

Unless you have to legally don't!
I'd like to think personal morals play a part here. The OP knows he's not well/possibly going to be ill, your Dad didn't (I think I've got that right?)
the law seems pretty clear on the matter, and if this condition has an impact on his work then his employers will notice and will be able to act accordingly.
I promise I will stop now but it's important not to listen to opinion and to stick with the facts.

There will be a medical questionnaire. It will say failure to disclose a medical condition that may effect your ability to do your job may result in disciplinary action. It has nothing to do with the law. You are not forced to take the job and agree to the conditions. Thats how employment contracts operate.

vaud

54,128 posts

167 months

Tuesday 22nd April
quotequote all
cliffords said:
There will be a medical questionnaire. It will say failure to disclose a medical condition that may effect your ability to do your job may result in disciplinary action. It has nothing to do with the law. You are not forced to take the job and agree to the conditions. Thats how employment contracts operate.
If there is a medical questionnaire...

TownIdiot

3,149 posts

11 months

Tuesday 22nd April
quotequote all
cliffords said:
I promise I will stop now but it's important not to listen to opinion and to stick with the facts.

There will be a medical questionnaire. It will say failure to disclose a medical condition that may effect your ability to do your job may result in disciplinary action. It has nothing to do with the law. You are not forced to take the job and agree to the conditions. Thats how employment contracts operate.
Not disclosing is materially different to lying

popeyewhite

22,726 posts

132 months

Tuesday 22nd April
quotequote all
TownIdiot said:
cliffords said:
I promise I will stop now but it's important not to listen to opinion and to stick with the facts.

There will be a medical questionnaire. It will say failure to disclose a medical condition that may effect your ability to do your job may result in disciplinary action. It has nothing to do with the law. You are not forced to take the job and agree to the conditions. Thats how employment contracts operate.
Not disclosing is materially different to lying
It's deception, and the result would be the same.

TownIdiot

3,149 posts

11 months

Tuesday 22nd April
quotequote all
popeyewhite said:
It's deception, and the result would be the same.
I disagree.

Answer any questions honestly then it's up to the employer.

vaud

54,128 posts

167 months

Tuesday 22nd April
quotequote all
OP, you can also get free advice from ACAS.

Wacky Racer

39,571 posts

259 months

Tuesday 22nd April
quotequote all
wingnut1980 said:
Hi,



I also have young onset Parkinson’s. It’s fairly well controlled with meds currently and doesn’t really affect my work. However I’m under no illusion that that may change over time.

Thanks
Good luck wingnut. thumbup

Mortarboard

9,225 posts

67 months

Tuesday 22nd April
quotequote all
wingnut1980 said:
Hi,

I am being made redundant and the stars have aligned with an incredible new job opportunity presenting itself at the same time.

I also have young onset Parkinson’s. It’s fairly well controlled with meds currently and doesn’t really affect my work. However I’m under no illusion that that may change over time.

I was planning to tell my new employer once the contract is signed. Is this the best strategy? Should I say sooner? I don’t want them to be blindsided but also don’t want to jeopardise any chances of getting the job.

Thanks
First of all, best of luck with your health.

Now, to the "tell them or not?"

Unless directly asked to fill in a medical questionnaire (or similar, for health professionals), they absolutely should not be told unless it is actually affecting your work.

If/when it does, it's a reasonable topic for discussion. In the event that does happen, then you're employer is required to make "reasonable accommodations" to allow you to fulfill your role.

If reasonable accommodations cannot be made, then it potentially becomes a "redundancy on health grounds" if you cannot meet your roles responsibilities.

Should your condition get to that stage, you fall under disability protections in law.

https://www.gov.uk/reasonable-adjustments-for-disa...

A medium/large firm should have no issues dealing with something like this. Smaller ones may struggle.

Any follow up questions, just ask (EHS bod for 30+ years, inc UK)

M.

Edited by Mortarboard on Tuesday 22 April 16:14

popeyewhite

22,726 posts

132 months

Tuesday 22nd April
quotequote all
TownIdiot said:
popeyewhite said:
It's deception, and the result would be the same.
I disagree.

Answer any questions honestly then it's up to the employer.
You'd still be deliberately withholding pertinent information. As an aside don't you think an employer has a fair right to know if the person he's offering a job to is soon (possibly) going to develop an illness which will affect his work?

vaud

54,128 posts

167 months

Tuesday 22nd April
quotequote all
popeyewhite said:
You'd still be deliberately withholding pertinent information. As an aside don't you think an employer has a fair right to know if the person he's offering a job to is soon (possibly) going to develop an illness which will affect his work?
Read the link I posted.

boyse7en

7,436 posts

177 months

Tuesday 22nd April
quotequote all
popeyewhite said:
TownIdiot said:
popeyewhite said:
It's deception, and the result would be the same.
I disagree.

Answer any questions honestly then it's up to the employer.
You'd still be deliberately withholding pertinent information. As an aside don't you think an employer has a fair right to know if the person he's offering a job to is soon (possibly) going to develop an illness which will affect his work?
No, i don't think an employer has that right. They are employing a person based on the situation now. Things that change in the future will have to be worked out as and when they arise. Otherwise you are one step away employment being based on lifestyle choices and risky hobbies.