Health Issues and Confidentiality

Confidentiality at work is a sensitive issue and this is particularly true in relation to health. In this context, confidentiality is about respecting the right to a worker's privacy. This right applies when someone discusses a health problem with another person at work.

This definition is deliberately broad. Confidentiality about health issues doesn’t just refer to conversations between a worker and employer. It covers any personal health-related conversation in the workplace.

Data Protection Act

The Data Protection Act 1998 includes health issues and confidentiality in its remit. Under the terms of the Act, health data is “sensitive personal data”. Such data relates to physical and mental health issues. Sensitive personal data may be electronic information in a computer. It can also be manual information in a filing system.

Storing Health Data at Work

Placing such data in a computer or file is legal if medical purposes require it. The person who processes the data must be a healthcare professional or someone who has a similar duty of confidentiality. Storing medical data at work is also legal if a worker gives an employer permission to do so.

Worker's Obligation

There is no obligation, however, for a worker to give medical details to an employer. In practice, many workers will give this information out of courtesy and to fully explain any absences from work. If they do so, they have a right to expect that the employer will not divulge the details to anyone.

Reasonable Request

On occasion, an employer may insist on receiving full medical details from a worker. Under some circumstances, this is reasonable. The health and safety requirements of a workplace may be such that there are legitimate risks if an employer is not aware of workers’ medical backgrounds.

Report Ill Health

If there are no such risks, a worker may choose not to give his or her full medical details to an employer. Even so, a worker must report ill health. A worker has an obligation to perform a job. If something affects this performance, an employer has a right to know that poor health is the cause.

A worker should therefore explain to an employer how a condition affects his or her work. A worker should also say when he or she hopes to be back to full fitness. There is no need to mention the nature of the condition.

Occupational Health Professionals

An employer may ask an occupational health (OH) professional to speak to a worker who is ill. The duty of confidentiality that applies to a doctor or nurse also applies to an occupational health professional. This means that a worker can speak to an OH professional in the knowledge that an employer will not learn the nature of an illness.

An OH professional does, of course, report back to an employer. Such a report should give details about a worker’s ability to function. It should say whether or not a worker’s state of health will improve and when. An OH report should not have any medical details unless a worker agrees in writing.

An OH professional may keep an additional record that gives full details about a worker’s health. An employer does not have an automatic right to gain access to this. A worker must first give his or her written agreement. On the other hand, a worker has a right to see such a record at any time.