How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jenny Mackenzie Your Own Question

Jenny Mackenzie
Jenny Mackenzie,
Category: UK Law
Satisfied Customers: 5197
Experience:  Over 10 years experience in general legal matters
32019188
Type Your UK Law Question Here...
Jenny Mackenzie is online now
A new question is answered every 9 seconds

Hi, where do i stand legally if i have had surgery and do not

Resolved Question:

Hi, where do i stand legally if i have had surgery and do not want the specifics of the surgery disclosed to my employer?
Submitted: 1 year ago.
Category: UK Law
Expert:  Jenny Mackenzie replied 1 year ago.
Hello and welcome to Just Answer, please can you explain your reluctance to explain the full situation to your employer?
Customer: replied 1 year ago.

My employer is very indescreet and has discussed others medical conditions with me without their consent. I am one of 3 directors that report into a CEO. The other directors and CEO are very indiscreet. In addition the CEO has a long history of engineering reasons to dismiss people.


 

Expert:  Jenny Mackenzie replied 1 year ago.
Ok have you already had the surgery and are you being asked questions about it?
Customer: replied 1 year ago.

i had the surgery last december and had 1 week off. My consultant provided a not advising he had performed minor surgery and that i was ok to work. I did advise then it was to do with a blood disorder and nothing else. Since then i have had a number of days where i have been unwell with the specific blood disorder i have but have only taken one day off. my performance at work is not in question and neither is my attendance. However i have been suspended pending a disciplinary hearing next week as they feel i have fraudulently provided a surgeons note. They are saying the consultant who wrote the note is a cosmetic surgeon (which he is) and in their opinion would not do any surgery relating to blood disorders. It was a Harley Street hospital.

Expert:  Jenny Mackenzie replied 1 year ago.
Ok so are they insinuating your time off was for cosmetic surgery and that you lied about this. Have they said you could be dismissed as a result of this hearing?

Customer: replied 1 year ago.

They have said this is a possibility as they would deem it as fraud. The contract of employment has this clause:


11.3

The Employment may be terminated immediately without notice or compensation where the Executive:

(a) in the opinion of the Company is guilty of gross misconduct and which

includes, but is not limited to,dishonesty, fraud, theft, breach of confidence, conflict of interest, being under the influence of al

cohol or drugs at work, causing actual or threatening physical harm and causing damage to company property
Expert:  Jenny Mackenzie replied 1 year ago.
Ok well to answer your original question, you cannot legally be forced to give your medical information to your employer. However, if you fail to give the information the employer can only act on the information available to them.

If you do not now disclose your full information to them there is a risk that they could have reasonable belief that you committed an act of Gross Misconduct and if they dismiss you you may find it difficult to claim unfair dismissal as a tribunal will sympathise with an employer who can only act on the information it has.

If you now state that you did not give full and frank in information as you were concerned that your personal information would not be kept confidential then it may not be reasonable for the employer to dismiss you.

If you have any further questions about this please do ask. If you are satisfied with my answer I would be grateful if you would take the time to give a positive rating. Thank you and all the best.
Customer: replied 1 year ago.

Would you mind elaborating on this statement please?


 


"If you now state that you did not give full and frank in information as you were concerned that your personal information would not be kept confidential then it may not be reasonable for the employer to dismiss you."

Expert:  Jenny Mackenzie replied 1 year ago.
If you say that you were not being fraudulent but you were concerned to give the whole story because the employer has past history of disclosing medical information of employees then the employer may not be able to establish the reasonable belief necessary to establish that you have been fraudulent. This is particularly the case if you can get a written statement from the surgeon in question stating that the surgery was not cosmetic.

It may be better, of course and protect your position further if you agree to your employer getting a full medical report on your condition from your doctor. This ultimately would prove that you were not fraudulent.

Customer: replied 1 year ago.

Thank you for your responses - one final question if i may. Is there any specific laws that i should state or read on this matter?


 


 

Expert:  Jenny Mackenzie replied 1 year ago.
Not on medical issues per se. The point is whether the employer can establish resaonable belief to dismiss for a fair reason. The unfair dismissal laws are contained in s. 98 Employment Rights Act 1996.

There is no statute law on what happens if an employee refuses to give consent. It is logical that if no consent is given an employer can only form reasonable belief based on the information they have in front of them.

I hope that helps.

I would be grateful if you would take the time to rate my answer as I am not otherwise credited for my time. Thank you and all the best.

Jenny Mackenzie,
Category: UK Law
Satisfied Customers: 5197
Experience: Over 10 years experience in general legal matters
Jenny Mackenzie and 4 other UK Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3850
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2612
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    323
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    5198
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    24742
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    6561
    LL.B (Hons), Higher Prof. Dip. Law & Practice