Urgent help required.

[wilson83]

As of this Monday, I was outsourced from being a Civil Servant to being paid by a facilities company, working in the same job, with the same people etc. I was given a pre employment medical questionnaire on Monday by the new company. They asked standard questions e.g Do I suffer from epilepsy etc? But further down the page they asked personal questions about my weight,height, If I smoke, if so how many and how much alcohol I consume in week. I thought these were a bit OTT, but further to this, a consent form was attached requesting permission for a third party company contractored by my new company , to access my personal medical records. I think this is unneccessary, so I have told them I am not signing it, and if they need further information my GP will write to them. They have now told me my job may be at risk if I don't allow them access. If says on the consent form that I am well within my rights to deny access. Where do I stand? Are my new employers allowed to sack me over this? Please help me! Thanks

[Whickerman]

surely your union has negotiated that your terms and conditions, as well as your service, is transferred with you?

If so, you didn't even need the medical.

If not, why not?

If not in a union, I bet you wish you were now...

[Whickerman]

Sorry - to answer your question - new employers can reuse to hire who they wish, but in this case if your service, terms and conditions have been transferred with you then no, they haven't a leg to stand on.

[Whickerman]

Sorry - to answer your question - new employers can refuse to hire who they wish, but in this case if your service, terms and conditions have been transferred with you then no, they haven't a leg to stand on.

[wilson83]

Thanks for the answer whickerman. I am not sure what you mean, but basically my 51 weeks was due to end anyway, but because I was needed to continue the role I was playing within the department they needed me to stay. But the goverment couldn't afford to pay me, so the Facilities company offered to pay my wages, making me their employee. So I think the terms and conditions would have changed anyway. My concern was more whether they could sack me for refusing to allow their contracted medical services access to my confidential medical records. Does that make sense?

[Whickerman]

That's a different matter...

You are entering into a new contract. The forms may allow you a 'get-out' by telling you you are free to not sign, but they are free to hire who they wish, and that may not be you unfortunately... Personally, I'd speak to teh HR manager, and make your case. It is OTT to request carte blanche to access your records. I wouldn't allow it, and if they need you that badly it shouldn't affect their decision.