Equality Act: pre-employment health questions - what difference will it make?
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.
The new provision prohibits employers asking job applicants questions about their health and whether they have a disability, other than in specified circumstances (including whether the applicant will be able to carry out a function that is essential to the work concerned, such as heavy lifting).
Employers will still be entitled to screen applicants about health after making a job offer (or after including the applicant in a pool of short-listed applicants). Some employers may need to amend documentation or procedures in their recruitment process in order to comply with the new requirements, and it’s recommended you check your policies to ensure you are in line.
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