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OCC-HEALTH  December 2009

OCC-HEALTH December 2009

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Subject:

Re: Pre employment screening

From:

Frank Oakes <[log in to unmask]>

Reply-To:

Occupational Health mailing list <[log in to unmask]>

Date:

Fri, 4 Dec 2009 10:37:32 -0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (88 lines)

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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