This article may help:
http://www.peoplemanagement.co.uk/pm/articles/2010/08/why-the-equality-a
ct-will-stop-employers-from-asking-pre-employment-health-questions.htm?w
a_src=email&wa_pub=cipd&wa_crt=law_1&wa_cmp=pmdaily_090810
Kind Regards
Sanchia Alasia
Equality and Diversity Lead - Workforce
'Diversity reflects us all, equality protects us all'
Newham University Hospital
Human Resources Department
House 18, Residences
Glen Road
Plaistow
London
E13 8SL
Tel: 020 7363 9110
Internal X 3110
NHS Employers Equality and Diversity Partner 2010/2011
-----Original Message-----
From: HE Administrators equal opportunities list
[mailto:[log in to unmask]] On Behalf Of Anne Mwangi
Sent: 09 August 2010 10:10
To: [log in to unmask]
Subject: Re: The new Equality Act and pre-employment health screening
Dear Ken,
I think different legal experts may well interpret this in different
ways. It seems to me as you rightly point out that in this example the
employer needs to consider carefully 'the objective justification' test
(insurance in this case). If getting this insurance is conditional on
having a medical test, then this could be an objective justification.
This, however, may not be easily justifiable in many other types of
jobs. The additional protection for the a disabled person if the offer
is withdrawn is that they can challenge this decision in a tribunal if
they so wish. If the employer has not considered reasonable adjustments
that could support the potential employee, they could be found liable.
Regards
Anne
-----Original Message-----
From: HE Administrators equal opportunities list
[mailto:[log in to unmask]] On Behalf Of Ken Grainger
Sent: Friday, August 06, 2010 5:23 PM
To: [log in to unmask]
Subject: Re: The new Equality Act and pre-employment health screening
Fehmeeda,
My reading of the EHRC's latest guidance on the Equality Act 2010
(Guidance for employers Vol 1 of 7) is that it remains lawful for
employers to make job offers conditional on the outcome of a
pre-employment health assessment. I quote in full the example provided
on p76:
"An employer is recruiting a person as a cycle courier. They ask
applicants to send in a CV setting out their relevant experience and a
covering letter saying why they would be suitable for the job. The
employer will score candidates on their experience of and enthusiasm for
cycling. It is not necessary to ask applicants questions about health or
disability. If the employer considers a health check is necessary, for
example, for insurance purposes, this can be carried out once an
applicant has been offered the job, and the job offer can be made
conditional on the health check." (my emphasis)
Perhaps the interesting phrase here is "if the employer considers a
health check is necessary, for example, for insurance purposes" because
it sets some sort of framework for limiting the use of pre-employment
questionnaires; but is this guidance clear enough?
Certainly, I can relate that, at a presentation given by a legal
practice to HR advisers here, the line was that job offers can be made
conditional on the outcome of a health assessment.
I would be very interested to hear ECU's position on this question.
Ken
Dr Ken Grainger
Governance Services Unit
University of Salford
From: HE Administrators equal opportunities list
[mailto:[log in to unmask]] On Behalf Of Fehmeeda Riaz
Sent: 04 August 2010 14:29
To: [log in to unmask]
Subject: The new Equality Act and pre-employment health screening
Dear All,
We are in the process of preparing as much as we can for the
implementation of the new Equality Act. In terms of pre-employment
health screening, this only applies to candidates who have been offered
the job and we have ensured that the questions are non-discriminatory or
overly intrusive etc. We understand that in general, any job offers
should not be conditional on the outcome of the pre-employment health
assessment of medical fitness for work. Whilst concerns about medical
fitness for work may arise thereafter (as a result of medical assessment
of fitness for work undertaken following the job offer) these will now
need to be managed as capability issues.
I was wondering if colleagues had many any changes to their offer
letters yet as a result of the above provisions?
Kind Regards
Fehmeeda
Fehmeeda Riaz
University of Westminster
HR Manager - Equality & Diversity
HR Department, 2nd Floor,
Cavendish House, 101 New Cavendish Street
London, W1W 6XH
Tel: 020-7911-5776
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