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Employers need to review their pre-employment questionnaires in order to remove any sections on health that are not job specific or otherwise exempt before the Equality Act comes into force in October.
Under the act, employers will not be able to ask candidates about their health prior to an offer of employment, unless the questions are specific to the job role. Prospective employees, including those with mental health issues, a disability or long-term illness, will no longer be required to disclose their condition, unless it affects their ability to carry out the work.
Campaign groups have always maintained that employers discriminate against candidates with medical conditions, which puts them off applying.
From 1st October, employers who ask applicants about their health prior to a job offer face investigation by the Equality and Human Rights Commission, and will need to prove they did not discriminate against an individual if they were not employed.
If found guilty, companies will be required to draw up an action plan, with failure to comply resulting in a penalty of £5,000.
Employers could also face a tribunal if they learn of a candidate's health issue after offering them the job and then fail to make reasonable adjustments. If they are forced to withdraw the job offer, firms will need to justify their reasons why.
However, with 65 percent of employers currently asking applicants about their health before an offer of employment and 48 percent requiring candidates to complete questionnaires regarding their medical conditions and sickness records, major changes will be required before the new legislation comes into force. To find out more about how we can help you, please contact Carvill & Johnson in Northfield, Birmingham. |
