Just received my contract for work

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And I have two problems. They ask for references, which I cannot give. It's been so long since I had a 'proper' job, and besides, my last boss was sacked for incompetence after I left the company.

And there's the medical side of things. What's wrong with declaring yourself fit for work? They want to know if I have any gynae complaints, have ever received radio- or chemotherapy, have any mental disorders, suffer from migraines, you name it...

Now I understand they have to know if you're fit for work, fair enough. But asking for access to your medical records? That's not on.

So. I don't know what to do. Refuse to fill in those pages and risk being sacked? Or lie on the forms? Or refuse to fill it in with an accompanying letter explaining why I am so doing?

The obvious thing to do would be to speak to my immediate superior on Friday, after my day off. But I'm just worried about the invasive nature of these questions.

Gynae complaints? What the hell business is it of theirs? They'll be asking when I lost my virginity next!
 

JoNightshade

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You might want to just ask them what the deal is with the questions before you decided one way or the other whether they really need to know. They seem pretty invasive to me, so you never know-- they might say, "Uh, no, you don't have to fill those out if you don't want to..." as soon as you ask.
 
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Well the contract basically asks you to fill out the forms and to sign over access to your medical records.

Some questions apply to me; some do not, but I can't in all good conscience lie to them so I'd rather fill it out honestly, or not at all. As it seems far too invasive for my liking, I'm leaning towards the 'not at all'.

They may retain the right to fire me, but to be honest...I'd rather they did that than I was forced to compromise my right to privacy.

*gulp*

Am I doing the right thing here? Please tell me I am.

On Friday I plan to speak to either the sales manager or the admin manager about it. They (both women) may think I'm being silly but I feel really strongly about this.

Trouble is, it's come from head office so it might not be something they can directly deal with. I may have to go higher up.

Or be fired.
 

writerterri

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Oh, that's terrible. We have a privacy act here in the US. So sorry!

If you don't have anything to hide then what the heck. I would be fired on the spot if they got ahold of my records.

As far as no proper job--tell them you've been writing. I told my last job that I own my own business (Home Made Blankets and Baby Gifts). It counts.

They shouldn't be able to ask for private records! That makes me mad!

What are you going to do?!!!
 

Tracy

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Ask your local Citizens Advice Bureau (or equivalent in the UK] for info on what your legal rights are on this.

It does sound strange to me. I worked in the UK [admittedly 20-odd years ago, but still] and didn't have to do any of that. Even when I had to do a medical for a job they just checked things like heart, weight, eyesight, hearing etc; nothing personal or intimate.
 

Haggis

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That would be totally illegal in the US, Nichola, except for certaib (i.e. airline pilot) that require a certain level of fitness. Even after your hire, you should not have to share personal medical information. But it may well be different in the UK. By all means, check out your legal options.
 
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I think it's probably legal because the company is known for being strict with other matters such as age discrimination (you can't even ask a colleague's age in passing or as a joke, really) or religious matters (I was asked if I would be willing to work Sundays rather than it just being assumed I would) or sexual harrassment or relationships in the workplace (two people who are known to be involved or related are moved to separate departments or even stores).

I think my next step should be to enjoy my day off as best I can and then speak to my immediate superior and ask what my rights are on this. He may well say I can refuse to give consent, or that I should answer the questions as they apply to work.

For instance, read the question, "Are you taking any medication?" as "Are you taking any medication that could affect your ability to work?"

They also ask if you drink and if so, how many units a week, and if you smoke, how many a day and so on...surely if you do so out of work hours, it's none of their damn business?!
 

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bad contract

i think haggis is right. at my old job they tried to get me to sign a contract. i just never gave it back to them. i think they just try to see if you will do it. it doesn't hurt to call in legal advice though. maybe different states have different rules.
good luck
That would be totally illegal in the US, Nichola, except for certaib (i.e. airline pilot) that require a certain level of fitness. Even after your hire, you should not have to share personal medical information. But it may well be different in the UK. By all means, check out your legal options.
 
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Funnily enough, a friend has just suggested not returning it, and saying on the phone, "What? Oh, you didn't receive it? That's strange; I sent it back. Oh well. I'll send another copy..."

By which time the job will come to an end anyway, as it's only 'til 5th January. ;)
 

Red-Green

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By which time the job will come to an end anyway, as it's only 'til 5th January. ;)

Oh, hell yeah. If it's only a temp thing, I would totally try to drag it out. Plus, if it's only a temp thing, no way in hell would I sign over my medical records. That's too creepy.
 

dolores haze

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I've done plenty hiring and firing, and I can't think of any *good* reason why an employer would require such extensive medical information. Providing a doctors note saying you're fit for work is one thing - access to your complete medical record is another thing entirely. And not informing you during the interview process that this would be required is also pretty suspicious. Not turning in the paperwork might work, but might be a problem if you're hoping to be taken on permanently. Personally, I wouldn't want to work for this employer.
 

III

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Did all the other folks you work with have to fill out a similar form? Surely one of them felt like you did so maybe one of your co-workers could offer a practical solution.
 
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My friend said this evening that every job is like that now - that they require medical proof you are 'fit for purpose' - but this seems way too invasive to me. What does the health of my foofar have to do with the job? Gynae problems? What the hell?!
 

dpaterso

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Yeah having no references is a bitch -- alas my ex-managers are either long retired or long expired, either way I'd need a medium to contact them. Even the local Safeway rejected me for shelf-stacking duties. They have dwarves perched on ladders stacking the top shelves, it's like something out of Time Bandits. Hello, 6' 1" here. Turn the cans so the labels face the customers, I get it.

"Are you on medication?" Why yes, that's why I'm calmly filling in this form instead of beating your brains out with a claw hammer.

...Uh, not that that helps you any, so sorry.

-Derek
 

Bmwhtly

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Peaches, when it comes to the medical questions, the ones I've seen tend to be optional.

Apart from enything else, if it's only a temp thing, the form won't go too far. So just leave any intimate medical questions.
Tick 'No' to 'have you had <job-affecting disorder>'

oh, and if you need a fake reference, Hollah!
 
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Even though I've been advised to answer the questions in a limited way (as in, pretend they mean 'as relevant to the job', not 'in general') my conscience would still be bothered if I answered the questions in anything other than a 100% honest way. It's either complete honesty, or not at all.

And really, whoever advises me to answer the questionnaire and keep my head down, doesn't have to do the job or live inside my own head, so if it bothers me that much, there's only one thing I can do, and that's decline to answer.

I might get away with it, in which case, good. I might be asked to leave, in which case...bad, but I can at least live with myself in that instance.
 

skelly

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Once you've filled it out it's filled out...forever...and you haven't even begun to consider what this bunch of goons intends to do with the information, or whom they think they can legally make it available to. I don't know what the privacy laws are in your country SP, but I would not fill out that form until I had a full understanding as to my legal rights in the situation.
:)
 

Sarita

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They also ask if you drink and if so, how many units a week, and if you smoke, how many a day and so on...surely if you do so out of work hours, it's none of their damn business?!
I actually think they're allowed to ask about drinking and smoking as these 2 factors can have a direct effect on working (smoke breaks, etc.)

Do what you feel comfortable with. If you don't want to fill it out, don't. If you need the job, work around it, talk to the boss, whatever. Don't compromise yourself for work. There's always another job out there.
 

KTC

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I don't think that would fly in Canada...sign over access to your medical records?! I'm quite shocked.
 

badducky

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If it is a temp gig, I would NEVER sign that shit over.

If it were permanent, it would be time to consult with friendly lawyers.

I have worked jobs where the contract seemed pre-built to allow employers to drop any employee at anytime without fear of a lawsuit. Unsurprisingly, these companies dropped a lot of employees and deserved a lawsuit once or twice.

I agree with your friend. Also if they get snippy about it, later tell them your lawyer hasn't cleared the contract, yet. Be sure you have a lawyer friend in the loop ready to help you with your bluff. Wait out January. Move on.
 

Carole

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That's totally creepy. My office hired a woman as a receptionist with Tourette's Syndrome. No lie. She was on heavy meds, or so everyone seems to think, when she interviewed and was hired. Within the first week she began exhibiting extremely odd behavior and really just spooked a lot of us because she'd flail about with no warning.

Here's the thing, though. She was totally protected against being fired, even though she couldn't perform her job competently. We were not allowed to ask her any questions relating to any possible medical condition. Thankfully she stopped showing up for work the second week.

Don't get me wrong - all of us felt for her. No one was making jokes or anything. But we were in a bad spot because there were both laws and corporate policies in place that prevented us from doing anything.

What an extreme difference from your situation. I think that if anyone asked me for my medical record before hiring me, I'd tell them to shove it up their bootie.
 

kristie911

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Here, we have to take a physical before being hired. But they don't ask for prior medical history. That's a bit invasive if you ask me. None of their damned business
 

xhouseboy

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My friend said this evening that every job is like that now - that they require medical proof you are 'fit for purpose' - but this seems way too invasive to me. What does the health of my foofar have to do with the job? Gynae problems? What the hell?!

Someone who works in HR told me that they'll normally only access your medical records if you declare yourself fit for work and subsequently take a raving looney fit on their premises and then attempt to sue them because it was the unnaturally bright lights 'wot did it' or the immense stress they put you under -- and nothing whatsoever to do with the existing medical condition that you neglected to mention on the application form.

Doesn't make it any less of an intrusion, but in these days of litigation madness the insurance companies now cover themselves every which way.

ETA: if you were suing them, they'd gain access to these record anyway, but having your prior permission seemingly saves a lot of to-ing and fro-ing with lawyers.
 
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