Latest Information

The Equality Act 2010

22/04/2010

General pre-employment medical questionnaires to be banned.

As a result of the newly implemented Equality Act, from October 2010 employers will generally no longer be able to ask an applicant questions about their health before either offering the work to the applicant or including the applicant in a short list pool.

This section will apply to enquiries in the application form or a medical questionnaire, as well as questions in the interview itself.

Although the Act does define a number of exceptions to this rule, employers will need to be very confident that an exception applies, or potentially face enforcement action from the Equality and Human Rights Commission.

Whilst an easier alternative may be to not ask any medical questions at all, information about employee’s health does have value to a business.

In our view it will no longer be appropriate to use a pro forma general medical questionnaire that is sent out to all applicants. It may be sensible for any employer who intends to use a questionnaire, to re draft the document to ensure it does not contravene the Act and is role specific.

We would be happy to assist with the drafting of relevant documentation and provide advice in relation to the above. Please contact John Hassells, Head of Employment at KBL on 01204 527777.