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New limitations on asking health related questions during staff recruitment and selection

Actions higher education institutions can take to be ready for key legal changes that come in to force 1 October 2010

Key changes

The new provisions make it unlawful for an employer to ask about the health of a job applicant:

  • before offering work to an applicant
  • before including an applicant in a pool of shortlisted candidates from which the employer intends to select a person to offer work to

Actions

  • Ensure existing pre-employment health questionnaires and other forms used during the recruitment process are reviewed.
  • Questions relating to health should be removed or revised as appropriate so there is no risk of them forming part of the selection process.
  • Ensure that applicants are still able to request reasonable adjustments during the application and selection process
  • Continue to collect and use data to monitor equality in recruitment and selection

Also see General actions

Further information

Further information on pre-employment health questionnaires:

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