Equality Bill amendments would make pre-employment health checks illegal
RADAR welcomes new amendments likely to be adopted on the Equality Bill which would prevent employers from asking applicants about health conditions before they are offered a job.
The Equality Bill, in its final stages before it becomes law, is currently being discussed and amended in Committee by the House of Lords.
The amendments would make it unlawful for employers to ask questions about disability and health conditions before a job offer – except to ask if the applicant needs any adjustments in the recruitment process itself or for confidential monitoring. In addition the amendments empower the Equality and Human Rights Commission (EHRC) to take action against organisations who ask unlawful questions.
Although many employers still use routine pre-employment health checks, some employers, such as BT, no longer do so as they don’t provide sufficiently relevant information or predict job performance and are a waste of money. Instead BT asks people what they need once they have been appointed, giving people the confidence to be open (which in itself improves well-being and performance) and seek any adjustments they may need.
Liz Sayce, Chief Executive of RADAR comments:
“Prohibiting pre-employment health checks is probably the single biggest difference and improvement that could be made through the Equality Bill in relation to employment of disabled people. It will build confidence amongst people with HIV, mental health conditions and other hidden disabilities that they will be judged fairly, on merit. “
RADAR and other disability organisations have been campaigning for over ten years to stop the use of pre-employment health or disability questions. Just as asking a woman at recruitment whether she is pregnant or likely to get pregnant has been outlawed because it leads to discrimination – so asking people about health conditions or disabilities can be used unfairly to screen people out of jobs.
Employers often have exaggerated fears about employing people with health conditions or disabilities. Research by the Department for Work and Pensions found that only 37% of employers would employ someone who had a mental health condition (1). Another study found that when 200 employers were given summaries of candidates that were identical except that some had experienced depression and some had diabetes, those with depression were much less likely to be viewed as employable (2).
People living with hidden health conditions like HIV or mental health problems often say they are carrying a ‘big secret’ and are afraid to be open and seek the support they need – or even afraid to apply for jobs at all – because of the health questions asked by employers.
For further discussion of the impact of pre-employment health checks, including background, the experience of employers and employees, and extracts from studies, please read the RADAR Think Piece by Liz Sayce, “What’s the Point in Pre-Employment Health Checks?”
Ends
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For further information please contact Ann Stirling on 01273 202980 (mobile: 07939 153513: email: annstirling@tinyonline.co.uk) or Aidan Hargitt at RADAR on 0191 383 0732 ( mobile: 07984 158 525 email: radarpressoffice@blackberry.orange.co.uk
Notes for Editors:
1) Recruiting Benefit Claimants: Qualitative research with employers. DWP 2001,Research Series Paper No 150, prepared by Bunt K, Shury J and Vivian D. London.
2) Workplace effects of the stigmatisation of depression, Glozier N 1998. Journal of Occupational and Environmental Medicine 1998: 40, 9 p 793-800.