Recently, the Court of Appeal in Den Bosch had to rule on the question of whether a job applicant should have disclosed that he had chronic complaints.
Before joining his new employer, the employee already suffered from psychological complaints of a chronic nature. During his illness he applied for a job with another employer. Shortly after starting work, the employee became ill again.
During his job application, the employee said nothing about his medical situation. The new employer believes he should have done so.
The Court of Appeal ruled that the employee did not need to provide information about his medical situation during the application process, because he has a chronic illness and his medical situation does not mean he is unable to meet the specific requirements of the role. After all, the employee would also have become ill in any other, random role. There was no connection to the role.
The Court of Appeal further stated that a different ruling would make it almost impossible for a chronically ill employee to find another job.
Conclusion:
There is no obligation to disclose for a chronically ill employee if the employee’s medical situation has no connection to the role.
Questions or advice?
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