Following the Equality Act that came into effect on 1st October 2010, employers can no longer request information regarding a candidates health before appointment to a post.  The Act, although largely a consolidation Act bringing together various current employment laws, did also bring into effect various new laws that need to be complied with.

Previously, it was standard practise for many organisations to questions potential candidates about their previous sickness records.  However, now organisations are only able to do so if it is necessary to establish whether or not any adjustments need to be made for the candidate.

In line with the Equality Act it is important that organisations ensure that during the recruitment process that no applicant is left at a disadvantage.  Ideally, this information should not be obtained until candidates have been asked to attend an interview for a position, at which they should be asked if there are any adjustments they require to attend and interview, not if they have a disability.

Having said that however, organisations are still able to ask questions regarding an applicants disabilities when it comes to diversity monitoring.  However, these forms should be kept separate to application forms and should not be given to the Recruiting Manager along with other personal information prior to short listing.

When making a job offer to an employee, organisations are still able to make a conditional offer based on pre employment checks being undertaken.  These may include references, CRB checks and occupational health checks.

However, an employer must consider carefully any information that these pre-employment checks provide and whether the right questions were asked at interview and whether adjustments can be made.

If as an organisation you are unsure of the legalities surrounding the Equality Act or any other parliamentary Act then it is important to seek the advice of employment law services.