The Equality Act 2010 has introduced a number of provisions, 90% of which came into force on 1st October 2010.
Over the last four decades, discrimination legislation has played an important role in helping to make Britain a more equal society. However, the legislation was complex and, despite the progress that has been made, inequality and discrimination persist and progress on some issues has been stubbornly slow.
The Equality Act 2010 provides a new cross-cutting legislative framework to protect the rights of individuals and advance equality of opportunity for all; to update, simplify and strengthen the previous legislation; and to deliver a simple, modern and accessible framework of discrimination law which protects individuals from unfair treatment and promotes a fair and more equal society.
One aspect of this legislation is that employers are no longer able to ask questions about an applicant’s health before offering work, nor can they send out questionnaires containing questions about general health and medication issues with application forms. They cannot require applicants to have a medical assessment before they make a job offer.
Asking an applicant questions about past health, previous absences and sick days lost to work prior to any job offer being made is unlawful.
Before taking on any new employees, employers need to:
- review recruitment and promotion processes and ensure they comply with the new requirements.
- Update staff on the new requirements and make sure that all are aware of the prohibition on asking heath questions (apart from the few listed exceptions) and that they do not ask unlawful questions at an interview or initial meeting.
- Remember that the prohibition on asking such questions applies even if the applicant raises the issue of their disability at the interview.
(source Croner Consulting)