Under the Equality Act 2010 can an employer still ask questions about a prospective employee's health?

Section 60 of the Equality Act 2010 restricts the circumstances in which an employer can ask questions about a prospective employee's health prior to offering him or her a job or including him or her in a pool or shortlist to be offered work. Employers may ask health-related questions for the purposes of:

  • establishing whether or not reasonable adjustments are necessary to the assessment process;
  • establishing whether or not the applicant can carry out a function intrinsic to the work concerned;
  • taking positive action in relation to disabled people;
  • establishing whether or not the applicant has a particular disability that is a requirement for the job; or
  • the employer's diversity monitoring.