Are Pre-employment health questionnaires legal?
When is a question not a question? In 2010 the Equality Act brought in the concept of pre-employment questionnaires and established the rule that it is generally unlawful to ask job applicants for information about their health prior to offering a job.
Are Pre-employment health questionnaires legal UK?
Employers can no longer ask applicants pre-employment health questions. Anne Pritam and Beth Hale explain. The Equality Act 2010 came into force on 1 October 2010. While it is largely a consolidation of existing law, it does include some significant changes.
Does the Equality Act 2010 limit the use of health questions prior to a job?
Section 60 of the Equality Act 2010 prevents employers from asking about the health of an applicant before making a job offer, or before including the applicant in a selection pool, with some exceptions (see below). Therefore you usually won’t be able to ask health questions until a job offer has been made.
What medical questions can an employer ask?
When you come in for a job interview, your employer can ask whether you are physically able to do the job, but they cannot ask if you have a specific condition that could impede work. If you are a woman, they cannot ask if you are or plan to become pregnant.
Can you ask health questions at interview?
During a job interview, employers are legally prohibited from asking applicants questions about their medical history. Even if a disability is obvious, an employer cannot ask for more information about it during an interview.
Can an employer ask you to complete a medical questionnaire?
An employer can ask a prospective employee to complete a medical questionnaire, but only after it has made them a job offer and only if it complies with data protection requirements.
What questions can an employer ask about your health UK?
Asking about health or disability You can only ask about health or disability if: there are necessary requirements of the job that cannot be met with reasonable adjustments. you’re finding out if someone needs help to take part in a selection test or interview. you’re using ‘positive action’ to recruit a disabled …
Can a UK employer ask for medical information?
What is prohibited? The general position is that it is unlawful for an employer to ask any job applicant about their health or disability unless and until the applicant has been offered a job.
Can I ask health questions at interview?
In general, an interviewer shouldn’t ask you about your health or disability issues before offering you a job. Once they have offered you a position, an employer can inquire further about your health, but only if it relates to how well you can perform the job.
Is it illegal to ask about health in an interview?
Your job interview should not include questions about your health or your age. Even if you have voluntarily disclosed a hidden disability or illness, or if your disability or illness is visible, the interviewer cannot question you about your health.
What is a pre-employment medical questionnaire?
Pre-employment medical questionnaire long form (GDPR compliant) Last Modified. 17 Apr 2019. 22 May 2018. This form should be used to gather information about a new employee’s medical history, including their medical history and any specific conditions, details of any disability and information on any sickness absence.
Do pre-employment health questions violate the Equality Act?
Paul Killen, employment law partner at Osborne Clarke, agreed, saying: “It’s true that the Equality Act ‘outlaws’ pre-employment health questions but the consequences of asking an unlawful question are not as severe as some commentators are saying. Employers will not face claims from employees simply for asking a question.
What is Section 60 of the Equality Act?
Who is this page for? Which countries is it relevant to? Guidance for employers on Section 60 of the Equality Act 2010, which makes it generally unlawful to ask questions about disability and health before you make a job offer.
What do the changes to the Equality Act mean for healthcare?
The changes in the law concerning pre-employment healthcare questions have proved some of the most divisive out of all of the Equality Act adjustments. The moves outlaw medical examinations and healthcare questions prior to employment, and the changes are also designed to strengthen protection of disabled workers and applicants.
Can I sue my employer for asking questions about my health?
Employers will not face claims from employees simply for asking a question. “An individual can only claim if they have suffered due to being asked a question about their health – for example if they did not get the job.