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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?
The "equality of terms" provisions of the Equality Act 2010 provide a mechanism for employees to challenge their pay on the basis that it is less than that of an employee of the opposite sex doing like work, work rated as equivalent or work of equal value. Claims for pay discrimination because of the other protected characteristics, such as race or religion or belief, can be brought under s.39(2) of the Equality Act 2010, which provides that employers must not discriminate against employees as to their terms of employment. For example, an employee who believes that he or she is paid less than comparable colleagues because of his or her race can bring a claim for direct race discrimination under the Act.
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