Medical checks before offering a job

health screening

Health and Disability checks

Section 60 of the Equality Act 2010 (EqA 2010) prohibits Employers from asking about the health or disability of an applicant before making a job offer. The prohibition applies to asking such questions on the application form, during the application process or during the job interview. Questions about previous sickness absence are questions that relate to disability or health and are also prohibited. Employers can make job offers conditional on satisfactory health checks. So, Employers can ask questions related to health and ask for medical reports once a job has been offered. This means that Employers should not ask applicants to complete medical questionnaires at an early stage of the recruitment process – and should certainly not be asking OH professionals to get involved in assessing an Employee’s health or fitness until a job offer has been made, other than where a specific exception applies.

When can an Employer ask questions about health?

This means that an Employer cannot refer you for health checks before they make a job offer, except in the following circumstances;

  • Where the Employer has to make reasonable adjustments for the recruitment process – section 60(6)(a) EqA 2010
  • Monitoring diversity – section 60(6)(c) EqA 2010
  • Implementing positive action measures such as the guaranteed interview scheme for disabled applicants – section 60(6)(d) EqA 2010
  • Occupational requirements such as where the job requires a person with a particular impairment – section 60(6)(e) EqA 2010
  • Where there is a requirement to vet applicants for national security – section 60(14) EqA 2010
  • Where the question is about an applicant’s ability to carry out a function that is intrinsic to that job – section 60(6)(b) EqA 2010

Best of the web

Medical checks before offering a job

Equality Act 2010: A quick start guide to the ban on questions about health and disability during recruitment

TUC: Confidentiality and Medical Records

 

Disclaimer

This resource is published by Employee Rescue Limited. Please note that the information and any commentary on the law contained herein is provided for information purposes only. The information and commentary does not, and is not intended to, amount to legal advice. Employee Rescue accepts no responsibility for any loss occasioned to any person acting or refraining from action as a result of the material contained in this publication.

Further specialist advice should be taken before relying on the contents of this publication. You can send an e-mail to thelawyers@employeerescue.co.uk for such specialist advice if required.

 

Case Study

Westlake v ZSL London Zoo (2015) An employment tribunal ruled that a London Zoo meerkat handler who got into a Christmas party fight with a monkey specialist over their love rivalry for a llama keeper was unfairly dismissed, however she received nothing in compensation.  The employment tribunal said that two zookeepers who got into a fight at London Zoo’s Christmas party should have received the same disciplinary sanction. At London Zoo’s Christmas party, zookeeper Ms Westlake got into a fight with a colleague, Ms Sanders. The fight appeared to originate over another zookeeper Mr Davies, Sanders’ former boyfriend who was... Read More
Westlake v ZSL London Zoo (2015) An employment tribunal ruled that a London Zoo meerkat handler who got into a…Meerkats v Monkeys
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