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Hi Another thought. I think also the employee needs to be aware that he is putting himself at risk of being sued for making fraudulent or negligent misrepresentations in the job application - the health form to my knowledge could be consider part of the process?? However it could all be based on how the questions are phrased. Anna ----- Original Message ----- From: Karen Coomer To: [log in to unmask] Sent: Friday, September 27, 2013 3:55 PM Subject: [OCC-HEALTH] pre-employment OH dilemma Hi List I have had an interesting situation for which it would be useful to have other opinions on. I had a chap a couple of months ago who was dismissed via medical capability due to back problems, he worked in a warehouse environment and after adjustments and a short spell of redeployment could not sustain attendance. Last week the same chap applied for a very similar warehouse position to another customer of mine, he has not declared his existing condition on the pre-employment health declaration process. I'm presuming they will get a reference regarding his absence but he is a strong candidate and they have offered the job. I have dealt with the situation now but am interested in what others would have done. Look forward to comments. Regards Karen ******************************** Please remove this footer before replying. OCC-HEALTH ARCHIVES: http://www.jiscmail.ac.uk/lists/occ-health.html CONFERENCES AND STUDY DAYS: http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH ******************************** Please remove this footer before replying. OCC-HEALTH ARCHIVES: http://www.jiscmail.ac.uk/lists/occ-health.html CONFERENCES AND STUDY DAYS: http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH