Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Equality, diversity and inclusionDisabilityRecruitment & retentionPre-employment screening

Equality Act: Employers warned against using pre-employment health questionnaires

by Mike Berry 19 Jul 2010
by Mike Berry 19 Jul 2010

Further information

Four things you need to know about disability discrimination under the Equality Act

Employers are being urged to withdraw pre-employment health questionnaires ahead of the introduction of the Equality Act or risk falling foul of the law.

The warning follows a poll by law firm Pannone which revealed that two-thirds 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 half requested that candidates 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.

The Equality Act, which comes into force in October, will 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.

Earlier in July, the Government confirmed that the first wave of the Act will be implemented in October, including 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, said it was likely that questions about a candidate’s previous sickness record may also fall foul of the law. “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,” he said.

“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.”

Avatar
Mike Berry

previous post
HR paper round-up: HR stories making the headlines 19 July 2010
next post
Financial back-up lacking for one-fifth of employees

You may also like

Time-to-hire rates at an all-time high

2 Jun 2023

Female graduates’ starting salary lower than men’s

1 Jun 2023

Leaked emails suggest RAF disadvantaged white male applicants

31 May 2023

Hybrid working: Combatting loneliness and enabling inclusion

31 May 2023

Top five findings on DEI and how to...

31 May 2023

Whitehall accused of ‘racist bias’ in civil service...

30 May 2023

How to attract and engage older workers (webinar)

30 May 2023

Retail headcount declines at fastest rate in 14...

26 May 2023

Pets at Home jobs boost with new stores

26 May 2023

Carer’s Leave Bill receives Royal Assent

25 May 2023

  • The HR Bundle: Your one-stop guide to building a successful global HR Department PROMOTED | Get your hands on Deel’s free HR bundle...Read more
  • The Benefits of an Employee Assistance Programme PROMOTED | EAPs support employees in a range of ways...Read more
  • Intergenerational working and how to manage up and down the generations PROMOTED | The benefits and challenges of intergenerational workplaces...Read more
  • Bereavement in the workplace: How training can help HR get it right PROMOTED | HR professionals play an essential role...Read more
  • UK workforce mental wellbeing needs PROMOTED | The mental wellbeing support employers are providing misses the mark...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2023

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2023 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+