Until recently, you were allowed to ask candidates about their health before offering them a job. But now, these so-called "pre-employment medical questionnaires" could leave employers open to claims.
If a candidate doesn't get a job, and they think it is because of their ill-health, enforcement action could be taken or the individual could even claim discrimination. The employer may be able to show that the individual wouldn't be able to carry out an essential feature of the job because of their condition but, if not, the employer will have to prove there was another reason the candidate was unsuccessful.
This has been introduced to reduce the stigma and prejudice associated with some medical conditions such as depression and HIV. Once an offer has been made, a medical can still take place but if reasonable adjustments are needed, then the employer should take them.
For more help or advice on what you need to do, email me at jen@thehrexperts.co.uk
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