Weightmans' employment partner on health screening
Health screening is working its way up the Government's agenda, and recently Health Secretary Alan Johnson unveiled a new scheme to offer health screenings for everyone aged 40 to 74.
The scheme aims to identify a number of health problems such as heart disease, stroke and diabetes.
But from an employer’s point of view; what if for example a senior employee is diagnosed with a heart problem; can he or she demand a less stressful role?
As an employer you have a duty to protect the health and safety of your employees. If you either know or ought to know that an employee's work could have a detrimental effect on their health, you must carry out a risk assessment and look to eradicate any harmful factors.
Generally, if the employer is aware that a particular employee has a condition which makes them more susceptible to the stresses of a job (such as heart disease) and puts their health at risk, the employer has to try and reduce these risks. Fail to do so and you could be liable for any resultant personal injury.
Employers have a duty to make reasonable adjustments if an employee’s health condition is a disability. If the employer believes that this employee should be moved, they could face a discrimination claim if they do not first consider making adjustments to the existing role. The best way to do this would be through consultation meetings with the employee as well as obtaining appropriate Occupational Health advice.
Throughout this process, any documentation relating to the employee’s condition must remain confidential as governed by the Data Protection Act.