It has been revealed that a large proportion of employers ask potential employees to complete a pre-employment health questionnaire as a routine element of their recruitment process.
A number will ask role-specific health questions whereas others will ask generic questions as a matter of course. Employers should heed caution to the fact that The Equality Act 2010, due to come into force in October 2010, will restrict employers from asking pre-employment questions albeit in very limited circumstances. Employers will only be allowed to ask specific health questions relating to a central element of a job function, e.g. driving.
The aim of preventing employers from asking pre-employment health questions is with the aim of reducing disability discrimination within the recruitment process. Any requisite health questions will only be allowed to be asked at the point that a job offer is made to a candidate.
There is a school of thought that believes that any questions pertaining to a candidate’s previous medical history will also be unlawful. Any breach of these requirements could see an employer investigated by the Human Rights Commission and an assumption that the employer has discriminated against a candidate unless there is an obvious alternative reason for non-selection.
In preparation for the implementation of The Equality Act 2010 employers should review their pre-employment health questionnaires. If any questions do not specifically relate to an integral part of a job function, they should not be asked of a candidate.
If you would like more information on this subject then please visit the Employment Section of our website or contact Elizabeth McGlone
