September 20, 2010
With just weeks to go until one of the biggest shifts in employment legislation for a generation, two-thirds of employers have admitted they feel unprepared for the upcoming Equality Act.
In an online poll conducted by Personnel Today, 66% of the 224 employers interviewed claimed that their organisation is not yet fully ready for the Equality Act, which comes into force on October 1st.
Aiming to provide a simpler, more structured legal framework for preventing discrimination in the workplace, the Equality Act will streamline existing employment laws into one all-encompassing legislation.
For example, Under the act pre-employment health questionnaires will be radically altered, with employers no longer asking any questions about heath until after they have decided whether a candidate is otherwise employable.
While employers will still be entitled to enquire about a candidate's health in limited circumstances before shortlisting, generally all medical issues should be dealt with at the end of the recruitment process.
Any questions about reasonable adjustments necessary for the interview stage should also be kept apart from the main job application, to avoid influencing any decisions on whether to invite a person for interview. Questions on application forms should concentrate on information that is relevant to a person's ability to do the job in question, rather than for instance, dates of birth or other dates.
Penalties for those employers breaching the new code, regarding employee health or other areas, will be severe, including litigation and the prospect of an investigation by the Equalities and Human Rights Commission.
With a raft of similar changes on issues such as sexual equality and many others, employers must make sure they seek guidance on complying with the new law before it’s October roll-out.
