Information on Workers Health
- Please see our summary GDPR card here
- Any employer gathering information about the health of its workers or prospective workers should be aware of its rights and obligations under legislation such as the Human Rights Act 1998, the European Convention on Human Rights, the Data Protection Act 2018 , GDPR and the Equality Act 2010
- The EqA 2010, section 60, prohibits employers asking questions about candidates’ health prior to offering them a job
- There is no blanket prohibition on asking health questions after offering a job, or making an offer of employment conditional upon satisfactory health checks, but employers need to consider reasonable adjustments for disabled people and avoid disability discrimination
- Where an employer seeks a medical report from a doctor who is or has been responsible for the clinical care of a worker (such as the worker’s GP), the Access to Medical Reports Act 1988 will apply and give the worker certain rights over the report
- Health information is 'special category' personal data under the DPA 2018 and there are more stringent restrictions on how and when it can be processed.