Employment Alert No 178: Equality Act 2010: Practical Considerations

Introduction

The Equality 2010 (the "Act"), which came into force on 1 October 2010, places new restrictions on the type and timing of pre-employment health-related questions that employers may ask job applicants. Only a limited type of question can now be put at any pre-offer stage, which means that all employers should review their standard pre-offer recruitment processes for compliance.

When Do the Restrictions Apply?

Section 60 of the Act prohibits an employer (A) from asking a job applicant (B) questions about his/her health (other than certain limited permitted enquiries explained below):

1. before offering work to B; or
2. where A is "not in a position to offer work" to B, before including B in a pool of applicants, from whom A intends to select a person to whom to offer work.