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