If it would have made a material difference to her application and there is
a "gross misconduct if lying" bit on the med dec, then she is subject to
dismissal. I would let her know this at this point and inform her that the
employer has a responsibility to manage the problem and this will require
the co-operation of her manager (usually because it's their budget and them
who may need to arrange task rotation).
If you know the employer is deemed to know and so the employer now has to
"quickly and reasonably act" otherwise the employer is liable for the
problem.
If they are still not happy about disclosure suggest that you sign her
"unfit for work / or arm intensive work" and see how they react. Under
Section 7 of the Health and Safety at Work Act they have to take
responsibility for their health and safety and that of others.
Amanda Dowson
-----Original Message-----
From: Nicola Spencer [mailto:[log in to unmask]]
Sent: 22 January 2004 17:09
To: [log in to unmask]
Subject: disclosure
would like some advice regarding an employee who failed to disclose
tenosynovitis on pre-employment and has now devloped problems but does'nt
want me to inform managers. What are the legal implications?
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