MS and Work

I am going back into a job that I have had for nearly 8 years but, unfortunately am having to reapply. I have been offered and have accepted this job which is a healthcare assistant in a mental health hospital. I really don’t know what to do about the questionnaire. People have told me you don’t legally have to tell anyone about your MS if you don’t want too, but then at the end of the questionnaire it asks you to tick to confirm all your answers are truthful etc. :frowning: If anyone can help/advise at all I would be so so grateful! I have to do this by tomorrow…

Hi

As I understand it, section 60 of the Equality Act 2010 makes it unlawful for an employer to require a person to provide info about his/her health or disability before making him/her a job offer. But an employer can make enquiries in prescribed circumstances.

As I understand it from your post, u have already been offered the post and therefore enquiries about your health will not be unlawful.

There again, just because they ask about your health, that does not mean that you are under a legal duty to tell them. There will be pros and cons. The pro is that they might be better placed to make any reasonable adjustments taht you might need. It might be worth asking them what the questionnaire is going to be used for. It might just be for their work force profile stats.

But imo whatever u do dont lie on the questionaire, as that could count as a discplinary offence. U would be better just saying that you do not want to answer all the questions or indicating this on the form.

Sorry, if Ive not explaiend this very well. My head is going a bit crazy with tinitus atm.

Having said all of that, it might be reasonable for them to want to find out if someone has an illness or condition in relation to which steps might need to be taken to ensure that patients are not put at risk. Though Im assuming that no such risk would apply in your case. You could inform HR about the MS and insist that the info is kept confidential.

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Thank you for replying Bob! I also suffer with the intolerable tinitus, but yes, you explained it very well. I think i am going to just be honest on the questionnaire. They have a logo on their career page saying ‘positive about disability’ so im hoping that they are understanding and don’t revoke their offer once ive sent the questionnaire telling them that i have MS. Here goes i suppose!

Hope it goes well. And sorry to hear about the tinnitus.

best wishes

You need to remember that MS is covered by disability law which would help you if you have to take time off sick. Also it means they have to make any adjustments you might need to continue working.