Employment Law Explained

Daily Archives: 07/09/2010

Why Employers Shouldn’t Ask Pre-Employment Health Questions: Equality Act 2010 #2

One of the major reforms contained in EA10 at s.60 is the prohibition on employers asking questions about job candidates health before offering them a job or placing them in a pool of applicants from whom future recruits are selected.  This will probably include asking questions about sickness absence history. If an employer, prior to making a job offer, does ask questions about the applicant’s health and then relies on that response to reject the candidate, they will be in breach of s.60 and liable to a claim by the applicant and/or enforcement action by the EHRC.