Should you ask health related questions on job application forms?

By Metis HR

20 Mar 2015

Are you still asking health related questions on job application forms? If you are have you thought this through?

By Metis HR.

Is the reason you ask health related questions on job application forms because you want to judge if someone is going to be able to attend work regularly?

You’ve probably heard of the Disability Discrimination Act 1995 (DDA) but have you heard of The Equality Act 2010 (EqA)? If you haven’t you need to learn more about it and how it has superseded the DDA.

The EqA lists a number of ‘protected characteristics’. One of the ‘protected characteristics’ in the legislation is disability. Disability is defined as a ‘physical or mental impairment which has a substantial and long-term adverse effect on that person's ability to carry out normal day-to-day activities’.

You probably know that it’s is against the law to discriminate against someone who has a disability. You probably wouldn’t dream of directly discriminating against a candidate for a job with a disability.

If you are still asking health related questions on job application forms you probably don’t realise that you may be opening the door to claims against you for discrimination. Asking health related questions on job application forms allows you to be challenged that you are screening out disabled job applicants before

they have had the chance to have their knowledge, skills and experience to do the work assessed.

You are only permitted to ask health or disability related questions: To establish whether the job applicant can take part in an assessment to determine their suitability for the job. To determine whether any reasonable adjustments need to be made to enable a disabled person to participate in an assessment during the recruitment process To find out whether a job applicant would be able to undertake a function that is intrinsic to the job To monitor diversity among applicants To support ‘positive action’ in employment for disabled people If there is an occupational requirement for the person to be disabled So, it’s OK to ask an applicant for a job as care assistant in a residential care home, where an intrinsic element of the job is the ability to lift and physically support residents, questions relating to enable you to determine if the applicant is capable of carrying out this aspect of the job.

It may not be OK to ask an applicant for a job as a care assistant whether they have: speech, hearing or visual difficulties varicose veins asthma depression or other mental health conditions At Metis HR we’ve come across a number of individuals who seem to make it their business to make claims against employers for discrimination in the recruitment stage.

It seems that they particularly target organisations which have application forms available on their website, which they may download and then, at their leisure, complete the form. They will usually show they have a number of relevant qualifications (whether they hold them in reality is often a matter of doubt) but they will answer the health related questions on job application forms to show that they have a condition that is likely to be a disability.

When they don’t get an interview despite their excellent qualifications they lodge a claim for disability discrimination and you’re suddenly tied up in defending yourself because the burden of proof is now yours to show that you’ve not discriminated.

That’s a bit difficult when you have an application form on your website which is clearly asking questions that guidance from the Government Equalities Office suggests that “The general position is that it is unlawful for an employer to ask any job applicant about their health or disability unless and until the applicant has been offered a job.” What should you do if you ask health related questions on job application forms? Take the form off your website Re-draft the form to take out all health-related questions that are not directly related to the permitted areas listed above Whilst you’re at it, think about taking out any questions asking a. for dates of birth (potential age discrimination) b. for marital status (potential discrimination on the grounds of sexual orientation) c. about religion/belief (potentially discriminatory) d. about race (potentially discriminatory) Only ask questions which relate to your ability to assess a candidate’s suitability to perform the tasks involved in the job that you are seeking to fill. Once the candidate has been offered the job, that’s the point where you may legitimately start to ask more searching questions about their health and disability but you still need to be objective in the questions that you ask.

Enjoyed this? Read more from Metis HR

Latest news

1

Times Higher Education Award for Lancaster University’s “innovation success story” Lancaster University has won the Knowledge Exchange/Transfer Initiative of the Year Award

Times Higher Education Award for Lancaster University’s “innovation success story”

14 Nov 2025

2

Union warns strikes will bring BAE Systems ‘to its knees’ bae-systems-samlesbury.jpg

Union warns strikes will bring BAE Systems ‘to its knees’

14 Nov 2025

3

County Hall looks at a two-council future for Lancashire County Hall in Lancashire

County Hall looks at a two-council future for Lancashire

13 Nov 2025

4

22 festivals given support from Association of Independent Festivals and Skiddle partnerships AIF and Skiddle supporting festivals

22 festivals given support from Association of Independent Festivals and Skiddle partnerships

13 Nov 2025

5

Sibling hoteliers vie for same tourism award Three of the four generations of hoteliers Ollie, Liz, Nigel and Irene

Sibling hoteliers vie for same tourism award

11 Nov 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
November / December 2025 Magazine Launch Event
Holiday Inn Hotel
Networking
19 Nov 2025

November / December 2025 Magazine Launch Event

Holiday Inn, Blackpool

08:30 - 10:30

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

Sub36 Networking - Jurassic Village
Jurassic Village
Networking
18 Nov 2025 - 18 Nov 2025

Sub36 Networking - Jurassic Village

Jurassic Village, Burnley, BB10 2FU

09:00 - 11:00

Blackburn & Darwen Youth Zone Quiz
Thursday 20th November.png.png
LBV Hub Fundraisers
20 Nov 2025 - 20 Nov 2025

Blackburn & Darwen Youth Zone Quiz

Accrington Stanley Football Club, Accrington, BB5 5BX

17:00 - 20:00

The path to profit with consistency, quality and speed in your business
icz bburn coll.jpeg.jpg
LBV Hub Seminars
21 Nov 2025 - 21 Nov 2025

The path to profit with consistency, quality and speed in your business

Industry Collaboration Zone, Bolton College, Feilden Street, Blackburn, BB2 1LH

09:30 - 12:00

Preston Freelancer Meet-Up: November
NovFreelancer version 2 .png.png
LBV Hub Networking
26 Nov 2025 - 26 Nov 2025

Preston Freelancer Meet-Up: November

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Lancashire post Budget analysis finance leaders events
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
27 Nov 2025 - 27 Dec 2025

Lancashire post Budget analysis finance leaders events

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

The PM+M Autumn Budget seminar - East Lancashire
Autumn Budget event East Lancashire
LBV Hub Seminars
27 Nov 2025 - 27 Nov 2025

The PM+M Autumn Budget seminar - East Lancashire

Crow Wood Hotel, Burnley, BB12 0RT

08:00 - 10:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin