@westykid 

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westykid

Newbie urgent employee advice sort

Hi all. I was told I might have progressive MS in July. I had a confirmation following bloods and a second of those multi-hour-long lying on your back in a tube MRI things this Wednesday. Before the confirmation but after the initial diagnosis my employer decided it needed to make a large number of people redundant. The writing was on the wall as they decreed that 1 of 2 of us was to go. This is all down to an external consultancy (the usual suspects). The day after I was off receiving my confirmation in a doctor's appointment I got a call from my boss. This is very unusual as he is normally quite slow to be bothered with things. He asked of the outcome but then the conversation very quickly shifted to a request that I have an occupational health assessment. There was no mention of the redundancy notification, with both parties, and others besides, having been left dangling for two weeks since we were initially told of the redundancy intention. The next day I got a text message nudging me to quickly organise an occupational health assessment. When it was first raised I did say I thought it was fine but that given the newness of my diagnosis, and quite frankly, lack of knowledge of this whole thing or what it means to me, that an assessment would be premature. Indeed pointless at this time. There is also the fact that it would have been me given the chop (I'm a comparatively recent joiner and it is very, very, cliquey) and so work place adjustment measures are pointless. I mentioned this to some friends yesterday. They all seemed alarmed and said this was odd behaviour. When I told them the name of the consultancy behind these moves they went white-as-a-sheet and said it was definitely a red flag. I know next week I'm going to get full-on browbeaten to acquiesce. Now I'm scared as to what to do. I know nothing of any of this. Is this all over dramatic? Anyone able to advise? Sorry to dive in straight with a query. Not my plan any of this I assure you.
@mellowmedusa

It might help us guide you if you laid out your concerns clearly. Do you not want to have an OH assessment? Why? The employer is within their rights to request an OH assessment for an employee who has had time off - or who they know has a condition that may affect them at work. They don’t have the right to know about that condition in the first place (but it sounds like you’ve already disclosed your diagnosis) unless you’re a dr or an air traffic control or lorry driver or something. You don’t have to attend an OH appt that you don’t want to, but generally it’s in your best interests to do so. The OH staff can’t reveal anything to your employer unless you give them specific permission to do so. It also highlights any reasonable adjustments you may (or do not) need. MS is a disability under the Equality Act and cannot be used to discriminate against you. It doesn’t sound too weird to me tbh. The white-as-a-sheet thing is a bit over dramatic. My guess? Your boss knows redundancy is a possibility and he knows that disability and his knowledge of it gives you ammunition to claim discrimination. He’s dotting his I’s and crossing his t’s to show he has offered you ‘support’.

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@SarahCat

A boss can not legally ask you for your health information.. it's against the law