Advocacy
October 1st is the date that many of the new conditions imposed by the new Equalities Act legislation comes into force. New rules will affect the lawfulness of pre employment health questionnaires:
See below:
Pre-employment health questionnaires are prohibited under S60 of the Equality Act unless the question is necessary for the purpose of, amongst others:-
•S60(6) (b) Establishing whether the applicant will be able to carry out a function that is intrinsic to the work concerned
•S60 (6) (c) Monitoring diversity in the range of persons applying to the employer for work
Although S60(6) sets out permitted reasons it is unclear at present how such questions should be worded to avoid infringing the new rules.
Asking an applicant pre-employment health questions will not in itself amount to discrimination against a job applicant, but acting on the answers may well do.
Employers may therefore wish to prepare for the implementation of the Bill by re-examining their pre-employment questionnaires now. The starting point should be to consider whether the questionnaire is strictly necessary. Unless the role is particularly physically demanding, the issuing of the questionnaire may lead to a risk of a discrimination claim.
Source: Empire HR Ltd
I will keep you posted of any other information that comes in that clarifies the position further.
Regards
Jude
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