Q and A

Question

Do I have to inform my employer about my HIV status?

What do I tell my employer when I dont want to tell them I am HIV as they may be predicted against it through ignorance. While they can not sack me for it, they may try to find another way to do so. I have no medical reason to tell them as I am just a driver so dont put anyone at risk but i do need an explanation why i have to go for testing. Any help or suggestions would be very helpful.

Answer

If your employer are saying the HIV test is compulsory without a reason, then you may legally have protection against being tested.

i-Base is treatment specific though and this sounds like you need legal advice which the THT would be better providing (0808 802 1221). They should at least be able to ask their legal expert to discuss this with you by phone. If you have trouble with THT please let me know. I contacted them over a driver for TFL underground and they were helpful in saying that legally there was unlikely to be a legal duty to disclose.

As background to support the changing environment, the UK may also be about to overturn the earlier ban on HIV positive dentist and doctors:

http://i-base.info/htb/15876

I’m sorry you are under this pressure.

Your union should have a policy position for HIV positive members, and you could approach them anonymously.

2 comments

  1. Roy Trevelion

    Dear M,
    I’m so sorry, this sounds like a dreadful experience. But have you managed over this long time? Rape is illegal of course, but were you able to report it? I hope so.
    It is wrong to sack people because they are HIV positive. Was it impossible to challenge this. However, there are organisations that should be able to support you. If you weren’t able to get access to support at the time that this happened, would it be possible now?
    I hope you have access to HIV treatment and that it is going well. Perhaps you can let us know how you are M.
    Best wishes,
    Roy

  2. M

    I was sacked 18yrs ago when I was diagnosed HIV positive from gang rape. Is that legal?

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