Hi thelm. The Equality Act 2010 states that employers cannot ask any health questions prior to offering someone a job. It would be hard for HR to prove they did not offer her a job because of her previous health condition. It is likely she would therefore win a discrimination claim. Tracy
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From: Thelma Jameson <[log in to unmask]>
Sender: [log in to unmask]
Date: Fri, 12 Jul 2013 19:06:31 +0100
To: <[log in to unmask]>
ReplyTo: Occupational Health mailing list <[log in to unmask]>
Subject: Re: [OCC-HEALTH] Fwd: Re: [OCC-HEALTH] Employment form

The HR people asked mebif the lady's complaint was justified the evening. OH dept has nothing to do with this.i did not screen this lady.HR got a complaint from this nurse who believe she was not ibterviewed or offered the job because of the questions she answered earlier on the form sent to her by HR.
The HR in this  company that provide GP service around the area uses a standard form like the one mentioned earlier- they do not see anthing wrong with recruitment proceedure they have ):

On 12 Jul 2013 18:51, "Susan Gorton" <[log in to unmask]> wrote:

Well she could have a claim that they are in breech of the Equality Act.

 

Sue

 

Advance Notice: w/c 15th July - I am doing training on Wednesday and off site on Thursday with no access to emails.

 

Susan Gorton | OH Nurse Manager | Occupational Health Department | Great Ormond Street Hospital NHS Foundation Trust | Level 3, Ormond House, 26-27 Boswell St., London WC1N 3JZ |020 7405 9200 Ext 0247 | DD to OHD 020 78138554 | Direct Fax 020 78138355 | Mobile 07833294568

 

Please be advised that all e-mail communication relevant to assisting in the management of the OH process will be printed and entered into the individual's OH file or copied and added as an electronic note on their electronic OH record. This may therefore be disclosed under the Data Protection Act (1998).

 

From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of thelmajameson
Sent: 12 July 2013 18:27
To: [log in to unmask]
Subject: [OCC-HEALTH] Fwd: Re: [OCC-HEALTH] Employment form

 

Hi Sue,

Well HR for this company should be willing to the nurse who has made a complaint about the application form of this sort.

This nurse is annoyed about the questions on the form sent to her for a job working as practice nurse.

She believes that she was not invited for job interview because she answered these questions 'honestly'.

 

The questions were asked when she applied for the job and was not interviewd or selected

Regards

Thelma

 

 

Sent from my Samsung Galaxy Note II on Three




-------- Original message --------
From: Susan Gorton <[log in to unmask]>
Date: 12/07/2013 17:42 (GMT+00:00)
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] Employment form

You can only ask the question regarding health AFTER an offer of employment.

 

Then the questions may only be of relevance to the job role.

 

·        You will get sickness data through a reference – do you need it through the PEQ as well?

·        A fishing expedition of ‘whatever is wrong with you ever and a day’ is hard to match with ‘I need to know because your job entails xxx’

·        Do you have physical or  mental health which has has long term effect that will affect your ability to carry out day to day activities? – what difference does ‘a long term effect’ have if . Why not ask if they have any physical or mental health issues that will affect their ability to do their work or that might require modifications or adjustments in order to undertake the tasks of the role.

Regards

Sue

 

Advance Notice: w/c 15th July - I am doing training on Wednesday and off site on Thursday with no access to emails.

 

Susan Gorton | OH Nurse Manager | Occupational Health Department | Great Ormond Street Hospital NHS Foundation Trust | Level 3, Ormond House, 26-27 Boswell St., London WC1N 3JZ |020 7405 9200 Ext 0247 | DD to OHD 020 78138554 | Direct Fax 020 78138355 | Mobile 07833294568

 

Please be advised that all e-mail communication relevant to assisting in the management of the OH process will be printed and entered into the individual's OH file or copied and added as an electronic note on their electronic OH record. This may therefore be disclosed under the Data Protection Act (1998).

 

From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Thelma Jameson
Sent: 12 July 2013 16:49
To: [log in to unmask]
Subject: [OCC-HEALTH] Employment form

 

Do people out there doing recruitment still send employment form to prospective employee containing question like this?
How many sickdays have you had in 12 months and list reason for absence
Do you have physical or  mental health which has has long term effect that will affect your ability to carry out day to day activities?
Please list all disease, injuryor illness you have experience or currently experiencing

I need to find out what is the legal status of these question for recruiting a nurse in a Surgery.
Many thanks Thelma
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