Hi Sue,

What’s the context (just as a matter of interest)? Is this a ‘bank’ job? Or are they intending to leave their current employment?

Also, who is doing the asking? You are there to make decisions on suitability for a specific role and you decide what information you need to make that decision. So, if you consider this information is necessary, that’s fine. If someone outside of OH is asking – why and how do they know? It may be the applicant I suppose.

Just considering first principles though, if you do go ahead - I think it will depend upon what you are going to do with the information. It’s certainly ethical to obtain information with their consent, as part of the pre-placement health assessment, so long as it’s following offer of employment (and based upon the declaration on the PEQ), or the issue your assessing is intrinsic to the role - and the person understands why (it is informed consent), etc.

What process will be used? It’s a while since I worked in the NHS, and assume that there isn’t a specific request process – so AMRA applies. Background information is probably the key phrase. If the request is specific and looking to ascertain what adjustments may be required, etc., rather than a fishing expedition, from a DPA and EqA perspective, this would in my opinion be ok (legally and ethically).

So is the information helping you to make a decision about suitability and any necessary adjustments? If so, that appears reasonable – but must be as a result of something that the applicant has declared.

The challenges arise if they are subsequently not employed, etc., when the Trust has to justify this decision!!

You will probably need a few more views from those more learned than myself, but that’s how I see it.

Matt

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