Pre-Employment Medicals Become Illegal 1st October

The use of pre-employment medicals to weed out applicants on health grounds is to become illegal. Changes introduced under the Equality Act 2010 and that take effect from October 2010 mean prospective employers cannot ask health questions of applicants 'until the applicant has been able to successfully pass an interview, or some other assessment, to show that they meet some of the non-health requirements of the job,' says a TUC briefing.

There are some limited exceptions, the new TUC briefing adds, including questions designed to assess whether an applicant 'would be able to carry out a core function of the job, with reasonable adjustments having been made as appropriate' and positive efforts to employ workers with disabilities.

TUC head of health and safety Hugh Robertson commented: "Far too many employers still ask potential employees to fill in a health questionnaire or even take a medical examination before they are offered a job. The TUC welcomes the ban on this which will stop employers weeding out people with a disability or illness before the interview process. Instead they will have to justify any decision not to employ someone on health grounds and show why they cannot be accommodated with adjustments."

He added: "We know of numerous cases of where someone has been made ill because of stress or bullying, but is unable to get another job because potential employers ask about their sickness absence. It will also help give more disabled people the confidence to apply for a job without the fear that their application will be automatically rejected."

TUC says union representatives should make sure that their employer's recruitment policies are reviewed before the changes come into effect on 1 October.

Source: TUC Risks

Designed, Hosted and Maintained by Union Safety Services