Medical information

Q. Can someone be required to inform their employer of the exact nature of an illness they are suffering from? Isn’t such information covered by data protection?

A. Although a worker does have a right to privacy and it is clearly intrusive to obtain information about a worker’s health, there are various circumstances in which an employer can probably justify taking action against or dismissing a worker who refuses to give adequate information on their health.

Employers are entitled to know sufficient information to make decisions regarding health and safety, avoiding discrimination and how long to wait for the return to work of someone on long-term sick.

It’s also worth bearing in mind that if the worker has a disability, the employers will not be required to make reasonable adjustments unless they know of the disability and the need for adjustments.

Medical information often constitutes “sensitive personal data” under the Data Protection Act 1998 and employers are obliged to deal with such information in accordance with data protection principles.

See part 4 of the Data Protection Code on the Information Commissioner’s site at: www.ico.gov.uk.