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When an employee says he is hiv positive case study answers

  1. The intention should be for the employer to monitor how well they are performing in terms of equality, diversity and compliance with anti-discrimination legislation. Also, under the Data Protection Act, all health records including notes, reports and reasons for sickness and absence are classified as sensitive personal data.
  2. Faculty of Occupational Medicine,
  3. It does not form part of the employment contract. This could be done by keeping the sickness record in a sealed envelope or in a password-protected computer file.
  4. While the employee can refuse to allow a report to be sent, the employer may be informed that this is the case. As far as possible the information should be confined to that necessary to establish fitness to work, rather than consist of more general medical details.

It would be a breach of data-protection rules to collect personal information that is irrelevant or excessive. The use of health assessment must be justified. Thus asking questions about matters that do not affect the outcome of the assessment process would not be justified. Although it is best practice for a health questionnaire only to be read by an occupational health professional, in many situations they may be seen by human resources staff.

Disclosing HIV status at work

When faced with a form that asks about HIV, individuals may prefer to speak in confidence to an appropriate member of staff, either in addition to, or as an alternative to, filling in a questionnaire. This gives an opportunity to explain in more detail how they are successfully managing their condition and be on hand to answer any questions, rather than rely on a form.

  • As far as possible the information should be confined to that necessary to establish fitness to work, rather than consist of more general medical details;
  • The use of health assessment must be justified;
  • The employer is likely to then act on whatever information is available and this may put the employee at a disadvantage;
  • Also, under the Data Protection Act, all health records including notes, reports and reasons for sickness and absence are classified as sensitive personal data;
  • This could be done by keeping the sickness record in a sealed envelope or in a password-protected computer file.

Under the anti-discrimination legislation, employees are not required to disclose their disability at any specific moment.

Nonetheless, misleading information on a medical questionnaire could have consequences for the employment contract. Seven per cent of employers have dismissed an employee while in employment because they had given misleading health information. It may also be easier to disclose HIV at a later stage if the answer has been simply left blank. Equal opportunities monitoring forms Many employers ask job applicants to complete an equal-opportunity monitoring form as a standard part of the recruitment process.

Disclosing HIV status at work

The intention should be for the employer to monitor how well they are performing in terms of equality, diversity and compliance with anti-discrimination legislation. The questionnaire is normally anonymous and analysed separately from other aspects of the job application. Completing the form is usually optional. Employers must protect the confidentiality of information on monitoring forms.

It is lawful for employers to ask individuals to complete an equal-opportunities monitoring form when they make their initial job application, before a job offer is made. Dishonesty on an equal-opportunities questionnaire would not have the same implications as dishonesty on a job-application form or a subsequent medical questionnaire.

It does not form part of the employment contract. Some employment contracts may include a clause which requires the employee to submit to a medical examination and agree to the release of medical information. If the contract does not do so, the employer cannot oblige the employee to be examined. Under new General Medical Council ethical guidelines, 10 introduced indoctors including company doctors should: While the employee can refuse to allow a report to be sent, the employer may be informed that this is the case.

The employer is likely to then act on whatever information is available and this may put the employee at a disadvantage. In addition, the Access to Medical Reports Act gives individuals some specific rights in relation to medical reports about them which are prepared for employment purposes.

This legislation only covers reports prepared by a medical practitioner responsible for the clinical care of the individual not reports prepared by a doctor employed by the company.

Confidentiality As outlined in our chapter on the subject, the common law of confidentiality protects information which is shared within a confidential relationship, in other words, when it can be reasonably expected that privacy will be protected. Information that an employer holds about an employee, for example sensitive information about health, is therefore covered.

Also, under the Data Protection Act, all health records including notes, reports and reasons for sickness and absence are classified as sensitive personal data.

  • The questionnaire is normally anonymous and analysed separately from other aspects of the job application;
  • Nonetheless, misleading information on a medical questionnaire could have consequences for the employment contract.

This could be done by keeping the sickness record in a sealed envelope or in a password-protected computer file. In general, managers should not have access to this information unless they need it and can keep it confidential.

As far as possible the information should be confined to that necessary to establish fitness to work, rather than consist of more general medical details.

Disclosing HIV status at work

This is especially the case for a stigmatised and misunderstood condition such as HIV infection. References Elford J et al. Disclosure of HIV status: Journal of Acquired Immune Deficiency Syndrome Palmer, Cox and Brown Oxford: Faculty of Occupational Medicine,