Cheltenham Borough Council has recently lost a lengthy and costly legal battle against one of its former employees.
They had accused her of fraudulently withholding details of her history of depression and claimed damages as a result of her "actions".
So, are employers entitled to ask about a prospective employee's medical history?
The short answer is "yes" . Employers will need this information in order to determine whether or not the person is capable of doing the job and also in order to make reasonable adjustments to the role and workplace if this is required.
An employer has a right to know about any condition that will seriously hinder the employee's ability to do the job they are applying for and this may include sensitive information about serious conditions that may well prevent the person from doing their job properly.
If a candidate lies about their medical history or condition on their application there may well be a case for terminating their employment but the lesson to be learnt from this case is that you will need to be more specific.
At the centre of the case was a medical questionnaire. To a question: "Do you normally enjoy good health?" she replied: "Yes". To: "Do you have a mental impairment?" she replied: "No".
The court was told that she had suffered "three episodes of depression with associated anxiety" between 1997 and 2001. But she saw it as "stress-related illness and not depression" linked to "non-specific, non-recurrent events". She also believed the "stress and illness" had ceased and was taking antidepressants as part of a "weaning off" process.
The judge found that the representations she made were not false nor, "given the terms of the questions asked were they misleading". He said she did not have an impairment under the mental health act or the disability discrimination act 1995.
The council claimed that Laird's appointment had cost it almost £1m, including pension payments, legal costs and covering for her when she was off sick. But the judge was having none of it; however he also rejected a counter claim from the employee. | 
