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Interesting. So how do we assess if we need to provide any additional support to allow them to attend an interview/ health screen? I have recently worked in NHS OH departments that are based upstairs with no lifts. Watching with interest Frank -----Original Message----- From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Noel O'Reilly Sent: 04 December 2009 10:33 To: [log in to unmask] Subject: [OCC-HEALTH] Pre employment screening Seen the pre-employment screening part of the Equality Act which has just been passed by parliament? Will this affect how OH does pre-employment health screening? EQUALITY BILL PASSED BY HOUSE OF COMMONS The Equality Bill will now progress to the House of Lords with two major amendments: The socio-economic duty, which imposes a requirement on key public bodies such as government departments and local authorities to narrow the gap between rich and poor, will now also apply in Scotland. Strengthened protection for disabled people against discrimination, such as restricting the use of pre-employment questionnaires about health or disability during the recruitment process. . The clause regarding pre-employment questionnaires addresses concerns raised by disability organisations that, because there is no restriction under the Disability Discrimination Act, there is fairly widespread use of such enquiries by employers to discriminate against people who declared a disability by not selecting them for interview or other selection stages. . The amendment means that an employer will be deterred from asking candidates questions about their health until after they have shown they meet some of the non-health criteria of a job[3]. If an employer asks a question before this stage it may be found to have directly discriminated against a disabled candidate. . Also some disabled people were being deterred from applying for jobs where employers asked about a disability. There are specified instances where the employer can make health and disability related enquiries before short-listing a candidate after an interview. These are for the purposes of: o making reasonable adjustments to enable the disabled person to participate in the recruitment process; o monitoring diversity in applications for jobs; o supporting positive action in employment for disabled people; o enabling an employer to identify suitable candidates for a job where there is a genuine occupational requirement for the person to be disabled; and o national security vetting. If an applicant is rejected after an employer makes an enquiry that is not permitted, the burden of proof in an Employment Tribunal will shift to the employer. . Other amendments that will clarify the how law protects disabled people from discrimination include: - Making clear that is within the law to treat disabled people more favourably in order to address the barriers they face; - Making clear how disabled people are protected from being discriminated against because of issues arising from their disability. . Age discrimination is already banned in the workplace. . For more information on the Equality Bill, please see www.equalities.gov.uk ******************************** Please remove this footer before replying. OCC-HEALTH ARCHIVES: http://www.jiscmail.ac.uk/lists/occ-health.html CONFERENCES AND STUDY DAYS: http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH OCCUPATIONAL HEALTH NURSING EDUCATION http://www.aohne.org.uk