Pre-employment screening bites the dust

Pre-employment screening bites the dust

Changes to discrimination law that include measures to make pre-employment medicals and questionnaires illegal have taken effect. New provisions of the Equality Act 2010, which came into effect on 1 October, mean prospective employers cannot ask health questions of applicants 'until the applicant has been able to successfully pass an interview, or some other assessment, to show that they meet some of the non-health requirements of the job,' says a TUC briefing. There are some limited exceptions, TUC adds, including questions designed to assess whether an applicant 'would be able to carry out a core function of the job, with reasonable adjustments having been made as appropriate' and positive efforts to employ workers with disabilities. Helen Hughes, interim chief executive of the Equality and Human Rights Commission (EHRC), commenting on the new law that brings together nine different pieces of equalities legislation, including replacing the Disability Discrimination Act, commented: 'Simplifying equality legislation and extending protection to a wide range of groups that face discrimination will help Britain become a fairer society, improve public services, and help business perform well. For example, banning the use of pre-employment questionnaires under the new Equality Act could make it easier for veterans who have been recently disabled in the line of duty to get work... It is also a reminder that treating people fairly protects organisations from costly discrimination claims.' TUC has said union representatives should make sure that their employer's recruitment policies take account of the new legal duties.

EHRC news release and guidance. Home Office news release and Equality Act webpages, frequently asked questions and guide. Usdaw news release. The Guardian.

Equality Act 2010: A TUC briefing for affiliates [pdf]