The Equality Act – An Age Old
Problem
s.60 Equality Act 2010
- Health Questionnaires
• True or False…. ?
Question 1
• Pre-employment health questionnaires are totally
banned under the Act….
• FALSE
• But asking about the health of applicants before
offering work is prohibited except in the limited
circumstances set out under s.60
Question 2
• It’s okay to ask about disabilities for equal
opportunities monitoring purposes….
• TRUE
• For genuine use in monitoring diversity in applicants.
Note of caution: should be separated from job
application.
Question 3
• A candidate for an offshore position can be asked if
they have any health issues that would prevent them
from undertaking an Offshore Survival Course….
• TRUE
• You can ask about health to establish whether a
person can carry out a function that is intrinsic to
the work concerned.
Question 4
• It’s okay to ask a referee about a candidate’s
attendance record in their previous job prior to
making an offer of work….
• FALSE
• Possible links between absences and
health/disabilities.
Question 5
• A candidate can be asked about their health in
order to establish if any reasonable adjustments are
required to enable them to participate in the
interview process….
• TRUE
• Importance of telling the interviewee why the
question is being asked and for what purpose the
information will be used. Applies to all exceptions
under s.60.
Question 6
• A conditional offer of work can be made pending
the results of a health assessment….
• TRUE
• S60(10) states that a reference to offering work is a
reference to making a conditional or unconditional
offer of work. It is therefore likely to be permissible
to ask about a person’s health and involve
occupational health practitioners as part of a
conditional job offer.
Question 7
• The general prohibition on pre-employment health
questionnaires could assist employers in defending
claims for disability discrimination?
• Partially true!
• Section 15 of the Equality Act – actual or deemed
knowledge of disability required