Hi
This is a message for Frank Oakes. Please could you give me a call . You
may remember me as Elizabeth Biddle.
Kind regards
Elizabeth Jackson
Senior Occupational Health Advisor
01305221501
Frank Oakes
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O.UK> To
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IL.AC.UK
Subject
Re: [OCC-HEALTH] Pre employment
04/12/2009 10:37 screening
Please respond to
Occupational
Health mailing
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<OCC-HEALTH@JISCM
AIL.AC.UK>
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
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OCCUPATIONAL HEALTH NURSING EDUCATION
http://www.aohne.org.uk
