Employees' rights
You need to know that your employees are in good health. You would like them to be happy, no doubt. So what health information can you collect and what can you use it for while still respecting their right to privacy?
It seems straightforward enough to ask job candidates to fill in a health questionnaire. But do you really need to know these very personal details? They are regarded as sensitive information under the Data Protection Act (DPA). Do you make sure the health details you collect are transmitted and stored securely? If not, the workers concerned have the right to compensation.
Needs must
The Information Commissioner’s latest guidance, the DPA Employment Code, covers the thorny issue of workers’ health details in depth. A special small business guide is also available.
The words of warning are that
- You gather only the information you need.
- You make it clear to the person why you want these details.
- You ask for the person’s consent.
- The data is used only for the purpose given to the person.
- The person is aware that they have right of access to their details which you hold.
- The data is transmitted and stored securely.
- Personnel handling the data are aware of Data Protection rules.
- You keep the details only for as long as you need them.
Solid reasons
Employers must have good reason to ask for health details and the details requested should relate to the worker’s job and the work environment. Main reasons would be health and safety at work, to satisfy other legal obligations (eg for occupational pensions), and for the employer to avoid liability for unfair dismissal under discrimination law. For example, under the Disability and Discrimination Act, the employer can fall foul of discrimination claims if he does not know that the worker is disabled.
Be discreet
The means of gathering the information should be as non-intrusive as possible. For example, a health questionnaire is less intrusive than a medical test. But a very physically demanding job or a particular work situation may require a medical test. Alcohol or drug testing would have to be warranted by extreme circumstances. And you would also consider following up with a disciplinary process.
If in doubt, take legal advice.
