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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.
Should employers avoid asking about general wellbeing during interviews?
Can employers make conditional offers subject to health clearance and then withdraw an offer if the health requirement is not met?
In what circumstances might an employer need to obtain a medical report on an employee?
From whom can an employer obtain a medical report on an employee?
Which medical reports are covered by the Access to Medical Reports Act 1988?
In what circumstances is a medical practitioner not obliged to give an employee access to a medical report prepared on him or her?
Can an employee who initially indicated that he or she did not want to see a medical report before the medical practitioner discloses it to the employer subsequently request to see it?
Does an unsuccessful job applicant require concrete evidence to prove that he or she was discriminated against?
In what circumstances can an employer lawfully reject a disabled job applicant for reasons of his or her disability?
How is the obligation to make reasonable adjustments in the recruitment process affected by the rules on health enquiries?
Can an employer legitimately reject a disabled job applicant on the grounds of the costs/disruption to its organisation?
What should an employer do when recruiting for a job that it believes will require a particular level of fitness or health?
When selecting for a position can an employer operate a positive disability discrimination policy?
Can an employee bring a pay discrimination claim on grounds other than sex?
Is an employer liable for offensive and/or potentially discriminatory material or comments posted on its intranet bulletin board?
Does a generic induction day suffice for all new recruits?
What provisions should employers make for the induction of disabled employees?
Is an employer under a duty to dismiss an employee whose disability makes him or her particularly susceptible to the risk of harm?
Can an employee be dismissed on the basis that he or she did not disclose a medical condition on the application form?
Although the Equality Act 2010 prohibits discrimination because of the protected characteristic of sex, para.2 of sch.22 to the Act in effect provides that any action taken to comply with health and safety legislation that concerns the protection of women in relation to pregnancy or maternity, or any other circumstances that give rise to risks that specifically affect women, will not amount to unlawful discrimination. Similarly, para.1 of sch.22 to the Equality Act 2010 in effect provides that any action taken to comply with health and safety legislation will not amount to discrimination because of the following protected characteristics: age, disability, religion or belief, sex or sexual orientation.
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