From time to time staff may be required to take prescription drugs to help combat certain medical conditions. Whether or not this presents an issue in the workplace will depend on the specific case itself, however, there are a number of factors for your client to consider when looking to manage an employee who is taking medication.
In order to effectively manage staff on prescribed medication, it is important to understand exactly what medication they are taking and your client may choose to ask candidates this question as part of job application forms. Whilst it is not unlawful to ask this question, your client should avoid doing so as unsuccessful applicants may bring a tribunal claim if they believe that your client made a recruitment decision on this information.
Employees are generally under no obligation to inform your client of any ongoing medical prescriptions unless it can be argued that the medication could compromise health and safety. This is only likely to apply if they undertake certain roles such as driving or operating heavy machinery.
It is essential that you do not treat staff less favourably because they take prescription drugs, as doing so could lead to discrimination claims if the medication relates to a medical condition that qualifies as a disability. It is important to be discreet and professional when it comes to an employee’s prescribed medication, whilst also protecting them from harassment or bullying at the hands of colleagues or third parties.
Your client should also be prepared to make reasonable adjustments for those who take prescription drugs to deal with a disability. This could include a change in work duties, restructuring of working hours or a period of home working. This may be particularly important where medication comes with side effects that impact the individual’s concentration or energy levels, alleviating the situation and make it easier for them to work. Any adjustments and information about prescribed medication should be visible on an employee’s personnel file, to ensure they continue to receive enough support throughout their employment.
Ultimately, your client should take a measured approach when dealing with employees prescribed medication. It is important to understand that this does not necessarily make staff any less capable and your client is advised to support them wherever possible.
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