A large proportion of employers are going to have to change their recruitment practices, if they have not already done so, now that the new rules on questions about health during recruitment have come into force. According to a survey by law firm Pannone earlier in 2010 (see the Pannone website and Personnel Today), nearly two-thirds of employers ask candidates pre-employment health questions as a matter of course.
Under provisions in the Equality Act 2010, which came into force on 1 October 2010, employers may not ask job applicants questions about their health prior to offering them a job, other than in limited circumstances. Employers that do ask questions about health during recruitment may be liable for claims of disability discrimination.
The current series of XpertHR’s Topic of the Week (subscription required) looks at the provisions, with the first article in the series, written by Sam Greenhalgh of Steeles (Law) LLP, providing an overview.
The series will include a case study, a checklist and FAQs on the new rules.
UPDATE (8 October)
In the latest Outlook video XpertHR’s head of content Jo Stubbs and group editor David Shepherd discuss the new rules.
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