Swine Impact

swine flu questionnaires

You could be forgiven for thinking that only matters relating to labor law today are those related to dismissal, making and working time or issues related to the swine flu.

But life goes on and an interesting case recently reported that an employer has filed a complaint against a former employee to compensation for losses suffered during the course of employment, arguing that the employee was distorted in a pre-employment questionnaire on medical grounds, as be healthy when in fact it was not.

The employer has actually lost the case before the Supreme Court because the issues that the employee had called in reality answer correctly, so that the employee has had periods of depression when his application was still taking antidepressants, nothing in the medical questionnaire to report the facts and therefore the answers given to questions were basically correct, and does not lead to a false statement.

Lessons learned from here is the importance of proper preparation of a pre-employment questionnaire physician to determine the facts regarding a request from a senior position.

Therefore, if due consideration had been given the nature of the issues raised, the questionnaire included questions requiring a prospective employee to disclose his past periods of depression, as well as a question of whether the prospective employee is taking any medication, forced him to disclose at the time of your order if he continued to take antidepressants. It also shows that there was no catch questions calling for disclosure outside of the real issues. So to ask any other details in the history of any person or circumstances that may affect the decision of the employer to provide employment to indicate an obligation to disclose any mental health problem before.

Employers should be careful before rejecting job applicants on the basis of medical communication, so do not fall under the Act Disability Discrimination 1995. Advice should always be taken before specific decisions on employment. For other notices of labor laws, if I contact ELAS team 0161 785 2000.

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Article Source: ArticlesBase.com – Commencing the Employment Relationship

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