July 22, 2010
Almost two-thirds of employers who routinely draw on pre-employment health questionnaires are being urged to halt their usage in time for the new Equality Act.
A survey of more than 100 HR managers found that 65% are currently asking candidates pre-employment health questions during or after job interviews. However, such practices will be outlawed from October 1st under the newly enforced Equality Act, aimed at halting the discriminative actions currently plaguing Britain’s workforce.
Of those surveyed, 18% said they asked health questions specific to a particular role, while 82% claimed more general enquires were made.
Under the Equality Act, health related questions will only be applicable after concrete job offers are made, although, exceptions will be made when it is necessary to check a candidate's health because it is an "intrinsic function" of a role, such as manual labourers.
At present, pre-employment health questionnaires are a direct cause of disability discrimination throughout the country, according to some experts, and hold qualified workers back from suitable jobs.
But, while HR managers have generally welcomed the upcoming changes, some have argued that “more harm could be done” to those with employees with existing injuries and conditions.
"If employers do not understand someone's limitations, it would be easy to place them in a job that they are unable to perform, causing increased stress and anxiety. Please do not tell me it's then the employer's fault and we could get challenged under the Disability Discrimination Act," questioned Sonia Sharples, HR Director at retailer Poundland.
The Equality Act represents one of the biggest shifts in employment law for a generation. With amendments to gender equality, disability discrimination, plus a wealth of new penalties for unlawful employers, understanding the complex legislation will be key to avoiding punishment.
If you’re struggling to grasp the Equality Act, speak to an employment law solicitor before it’s too late.
