Pre-employment health questionnaires – Equality Act changes

The Equality Act 2010 bans the use of pre-employment health questionnaires until a job offer has been made except in specific circumstances.

This is being introduced to avoid discrimination and to encourage people with health conditions (particularly those with mental health difficulties) to apply for jobs.

There is still some lack of clarity around this issue, and it appears that case law may have a hand in defining the new situation.  However, a basic structure is in place:

• Specific questions can be asked before selection is made e.g. if the job requires lifting ‚Äì can the person lift a certain weight, if it is a dusty environment, do they have any illnesses that could be made worse e.g. Asthma etc. You cannot ask general questions at this stage, and a cautious approach is recommended to ensure that the questions are relevant to the core duties of the job.
• You may ask if an applicant has a disability that would require reasonable adjustments to be made to the recruitment process.
• Questions such as the following should be on the offer letter.¬†

 “Please select one of the following:

 I am not aware of any health conditions or disability which might impair my ability to undertake  effectively the duties of the position which I have been offered.

Or

I have a health condition or disability which might affect my work and which may require special adjustments to my work or at my place of work.”

• A positive response to the second statement could lead to a referral to occupational health services for assessment.
• Following appointment you can send out a more general health questionnaire to ascertain if there is anything you need to know from a health and safety perspective e.g medication / other illnesses / any requirement for reasonable adjustments.

If inappropriate questions are asked an unsuccessful applicant will be able to claim direct disability discrimination.  The Equality and Human Rights Commission also have the right to investigate and take enforcement action.