Employment dismissal due to medical condition

Nico Serafino 27.07.2022

Can I be dismissed from my place of work if I don’t disclose a medical condition to my employer?

 

An employer is responsible for their workforces health and safety at work. However keeping employees safe may at times require having knowledge of any health conditions these employees may suffer from. 

 

Some employers will therefore ask prospective employees to disclose medical conditions or sign waivers excluding employers from being responsible for any issues arising out of non declared medical conditions.

 

What happens if an employee chooses not to disclose an existing medical condition?

Disclosing medical conditions to your employer may at times seem like an invasive task. However can an employer dismiss an employee on reasonable grounds if they later find out the employee failed to disclose a health condition?

 

Dismissing an employee on the grounds of failure to disclose a medical condition may potentially expose the employer to a claim in the employment tribunal. This may be either a claim for unfair dismissal or, if the medical condition comes under one of the defined disabilities in the Equality Act 2010 an discrimination claim.

 

An employer may be able to justify a dismissal based on grounds of the employees medical condition if they are able to show the medical condition makes the employee unfit for his job description. Further, an employer should follow the correct procedure outlined by Acas and the employees union if they have one. 

 

It is worth noting of course that for any dismissal claim to be brought an employee must show two years of consecutive employment with their employer. 

 

Whether you are an employee who has been discriminated against or an employer who has been served with an employment tribunal claim at Sterling Law we are able to advise you on your rights and obligations and represent you in mediations and in the employment tribunals. 

 

 

Our Solicitors at Sterling Law are able to assist with all stages of Formal agreement between landlords and agents.

 

 

Contact - Nico Serafino

 

 

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