Employers Warning On Pre-Employment Health Questionnaires

Employers are being urged to withdraw pre-employment health questionnaires, unless they are job specific.

The warning follows a survey by Manchester law firm Pannone which revealed 65% of employers ask candidates pre-employment health questions as a matter of course.

The survey of more than 100 HR directors and senior managers also found that 48% of employers request candidates to fill in health questionnaires before a formal job offer is made.

In addition, 18% said they only asked questions that were specific to the particular role, while 82% asked generic questions.

In recent years many employers, particularly in the public sector, have introduced pre-employment health questionnaires, often as part of the application process.

However the Equality Act, which comes into force in October, will soon prohibit employers from asking candidates pre-employment health questions other than in limited circumstances, one of which is to check a candidate can perform an ‘intrinsic function’ of the job, for example heavy lifting.

Another exception is to establish whether the candidate will be able to undertake selection tests or assessments, for example a fitness test to join the fire or police service.

Earlier this month, Home Secretary Theresa May confirmed that the first wave of the Act will be implemented in October, and this includes the abolition of pre-employment health questions, a provision designed to reduce disability discrimination in the recruitment process. Employers will only be able to ask health questions upon job offer.

Jim Lister, Head of Employment Law at Pannone, says it is likely that questions around a candidate’s sickness record such as ‘how many days have you had off sick this month?’ may also fall foul of the law.

Jim says: “The penalties for employers include investigation by the Equality and Human Rights Commission and the reversal of the burden of proof, meaning that the employer will be assumed to have discriminated, unless it can show there was another reason for non-selection.

“Therefore it is essential employers urgently review any pre-employment questions and, unless they are job specific or otherwise exempt, withdraw them before the Equality Act comes into force in October.”

Source: workplacelaw.net