Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • 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
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • 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
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Employment lawRecruitment & retentionTesting & assessment

Physical examinations of candidates: legal dilemma

by Personnel Today 14 Oct 2009
by Personnel Today 14 Oct 2009

Q We are recruiting a new sales director and I am keen to include both a physical and mental examination in the interview process. Can the applicants refuse and how would I need to document the findings and considerations if, for example, I decide not to hire a candidate with a bad medical record or a heart condition?

A The wish to conduct physical and mental examinations of your candidates is understandable, but raises certain legal issues, such as the duty to make reasonable adjustments under UK disability discrimination legislation.

Examinations intended to establish a candidate’s medical condition normally involve some form of occupational health assessment. Provided these are properly conducted in clinical terms, they should not put a potential candidate with a disability at the substantial disadvantage that would be necessary for this duty to arise. Greater care must be taken with the resulting report, as this will almost certainly form part of the arrangements for determining whether the candidate is offered employment.

Aptitude tests, whether physical or mental, should likewise be directed towards the central requirements of the job that either an employer cannot adjust or that would not be regarded as reasonable for the employer to adjust.

It is worth remembering that some disabilities will have a specific impact on a candidate’s ability to complete the test. Some candidates may, for example, struggle with a particular cognitive element; some adjustments may be as simple as allowing the candidate more time. The duty to make reasonable adjustments may alternatively be satisfied in how you assess the results of the tests by making specific allowances or applying a weighting to the results. Many employers consciously inquire about a candidate’s disabilities at the application stage so that the assessment stage can be devised or adjusted accordingly.

There is no particular magic to the way such a recruitment process should be documented generally; it is obviously important to supplement a written recruitment procedure with evidence of the adjustments made, and the legitimate reasons for preferring or rejecting a particular candidate. Thus, any candidate who refuses to undergo the examinations, who withdraws (as is their right), or is eliminated from further consideration will have a much greater difficulty claiming a breach of the duty to make reasonable adjustments.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

In the light of these requirements, the simple rejection of a candidate for potential reasons such as a bad medical record or a heart condition would be liable to challenge.

Michael Berriman, partner, Weightmans

Personnel Today

Personnel Today articles are written by an expert team of award-winning journalists who have been covering HR and L&D for many years. Some of our content is attributed to "Personnel Today" for a number of reasons, including: when numerous authors are associated with writing or editing a piece; or when the author is unknown (particularly for older articles).

previous post
Goldman Sachs staff set to receive £14.6bn in pay and bonuses
next post
Met Police cuts 330 HR jobs without compulsory redundancies

You may also like

Fire and rehire: the relocation question

22 May 2025

How neuroscience can unlock employee recognition

22 May 2025

Minister defends Employment Rights Bill at Acas conference

16 May 2025

Workers ‘wait and see’ as companies struggle to...

16 May 2025

CBI chair Soames accuses ministers of not listening...

16 May 2025

EHRC bows to pressure and extends gender consultation

15 May 2025

Contract cleaner loses EAT race discrimination appeal

14 May 2025

So what does the election of a new...

9 May 2025

Construction workers win compensation claim against defunct employer

9 May 2025

Rumours during recruitment: how should HR respond?

9 May 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...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 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • 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
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+