Monday, September 06, 2010
Asking job applicants about their health, or getting them to complete a pre-employment health questionnaire, could land employers with an Employment Tribunal claim for "discrimination". The House of Lords introduced a clause into the Equality Bill that prevents employers asking job applicants about their health. Applicants with mental-health issues, or any physical condition that could be classed as a "disability" should not be forced to disclose their condition prior to the offer of employment unless their medical condition would prevent them from doing the job applied for. If you fail to employ a candidate who has health issues but is otherwise suitable for the job, you could up in an Employment Tribunal, paying hefty compensation. Businesses are still entitled to screen employees' health after the job offer. This might mean the employer has to consider either making reasonable adjustments to allow the worker to continue in the job, or dismissing on the grounds of "capability". Employers found guilty of discrimination, in addition to paying (unlimited) compensation to the applicant, will be required to prepare an action plan to ensure the event is not repeated. The plan would be overseen by the Equalities and Human Rights Commission and failiure to comply would attract a £5,000 fine.