Shropshire company bosses must be wary when it comes to asking
about the health of any potential new employee.
John Mehtam, from Martin-Kaye LLP Solicitors, in Euston Way,
said the rules had changed with the introduction of the Equality
Act earlier this month.
"Employers are now strictly limited in terms of when they can
ask health-related questions during the recruitment process.
"The new rules will affect the way companies manage potential
candidates, and all businesses will need to review their procedures
and application forms."
John said employers could only ask health-related questions
prior to a job offer in certain circumstances.
"You can ask these questions before you offer the person a job
if you need to decide whether the applicant can carry out the
essential duties that the role involves, such as heavy lifting.
"But if this is the case, you must think about reasonable
adjustments which could be made to help the person carry out the
role.
"You can also ask such questions to monitor diversity and to
take positive action, or to make sure the candidate has a
disability where the job genuinely requires the post holder to have
a disability, such as a counselling role.
"And if employers fail to comply with the new rules, their
company could face limitless fines if a successful claim for
discrimination, victimisation or harassment is filed against
them."
John said the new Act had also introduced major changes on third
party harassment, discrimination, powers of employment tribunals,
and pay secrecy.
"The Act reinforces existing legislation on discrimination, and
it's vital that employers ensure they are meeting the new criteria
or face serious consequences."
For more information on Martin-Kaye Solicitors visit their
website here: www.martinkaye.co.uk