| 释义 |
pre-employment health questionnaires
The Equality Act 2010 provides that it is generally unlawful for an employer to ask questions about a person’s health or disability before making a conditional or unconditional offer of employment. The rule, which applies to all enquiries by or on behalf of an employer (e.g. by a recruitment agency), is intended to prevent health or disability issues being used to reject applicants at an early stage in the recruitment process. It would be unlawful, therefore, to ask applicants to list on an application form how many days’ sick leave they have taken in the last year. The rule covers questions to third parties, such as an applicant’s former employer, as well as to the applicant himself. It is, however, permissible to make a job offer that is conditional on the applicant passing a medical examination or answering a health-related questionnaire. Additionally, there are certain specific exceptions to the general rule. First, the employer is allowed to ask whether the applicant is able to take part in an assessment to test his ability to do the job and whether any reasonable adjustments will be needed for that, or during the interview process. Second, the employer may ask whether an applicant will be able to carry out an intrinsic part of the job. If a job requires manual handling, for example, it may be asked whether the person is able to lift and carry. However, the employer is under a duty to make reasonable adjustments, and this must be considered in dealing with the answer given by the applicant. Third, it is lawful for an employer to collect information for the purposes of monitoring the composition of the workforce (e.g. by age, sex, religion, etc.), but answering any such questions should be optional, and responses must not be used in the recruitment process and should be kept separate from an applicant’s submission. Fourth, it is lawful to ask whether an applicant has a particular disability where having that disability is an occupational requirement of the job (e.g. where the employer is seeking to employ a support worker with experience of a particular disability). Finally, it is permissible to seek information where the employer wishes to take positive action to benefit disabled people, for example, by way of a guaranteed interview scheme. If an employer makes an enquiry outside the exceptions, this is unlawful. Enforcement in this area is by the Equality and Human Rights Commission (EHRC), not the individual. However, if the employer asks a prohibited question and the applicant is rejected, the applicant may make a claim to the employment tribunal alleging disability discrimination (see disabled person). |