Pre-employment rules

Employers have been warned over the use of pre-employment health questionnaires by Sandra Wallace, employment partner and head of the equality and diversity at law firm DLA Piper.

Following the Equality Bill entering the statute book this week, Wallace said: “Under the new rules, pre-employment questionnaires are not allowed, except in very specific circumstances, such as where medical fitness is crucial for the particular job, eg driving jobs. Asking general questions about a person’s health not related to intrinsic functions of the job will generally be prohibited.” She continued: “Employers will need to be very confident that an exemption applies to allow them to ask questions about a prospective employees health, or potentially face enforcement action from the Equality and Human Rights Commission.”

 

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