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 If you haven’t you need to learn more about it and how it has superseded the DDA.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

Construction begins on new Civil Service office building in Talbot Gateway Alan McBride Muse Will Town Defence Infrastructure Organisation Jennifer Chard Defence Business Services Cllr Lynn Williams Blackpool Council Garry Bowker Vinci

Construction begins on new Civil Service office building in Talbot Gateway

20 May 2025

2

Skiddle raises over £750,000 for charities Skiddle cheque presentation to Alder Hey Hospital

Skiddle raises over £750,000 for charities

20 May 2025

3

Former Victorian Hotel approved for residential conversion The site

Former Victorian Hotel approved for residential conversion

19 May 2025

4

REVOLUTION PARK: Work starts on Darwen’s new home of advanced manufacturing Oliver Webber, Tracy Clavell-Bate and Tim Webber from Barnfield Group with Cllr Phil Riley, second from right, Leader of Blackburn with Darwen Council

REVOLUTION PARK: Work starts on Darwen’s new home of advanced manufacturing

19 May 2025

5

Two Cuckoo Gins named winners in The Gin Guide Awards 2025 Mark Long

Two Cuckoo Gins named winners in The Gin Guide Awards 2025

19 May 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
LBV122 May/June Launch Event
121 Lancashire Business View Magazine Launch
Networking
21 May 2025

LBV122 May/June Launch Event

Lancaster and Morecambe College, Lancaster, LA1 2TY

08:30 - 10:30

Sub36 Networking
Networking
11 Jun 2025

Sub36 Networking

British Jewellery School, Scorton, PR3 1BA

15:00 - 17:00

Lancashire Net Zero Carbon Conference
Net Zero Carbon Social 1200pxtrident 2
Networking
18 Jun 2025

Lancashire Net Zero Carbon Conference

Crow Wood Hotel & Spa Resort, Burnley, BB12 0RT

08:30 - 13:00

Lancashire Built Environment Conference 2025
BEC 315 X 315 Px
Networking
25 Sep 2025

Lancashire Built Environment Conference 2025

Blackpool Football Club, Blackpool, FY1 6HX

08:30 - 13:00

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

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

RISE - The Academy for Female Leaders and Managers
WENDY BOWERS RISE Illustrstion copy.jpg.jpg
LBV Hub Seminars
02 Apr 2025 - 08 Oct 2025

RISE - The Academy for Female Leaders and Managers

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

09:00 - 15:30

The Business Network Central & East Lancashire
LBV Hub Networking
22 May 2025 - 22 May 2025

The Business Network Central & East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Preston Freelancer Meet-Up: May
Freelancer Meet-Up May.png.png
LBV Hub Networking
22 May 2025 - 22 May 2025

Preston Freelancer Meet-Up: May

society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Amber River True Bearing quarterly investment seminar
LBV Hub Seminars
22 May 2025 - 22 May 2025

Amber River True Bearing quarterly investment seminar

Cottons Hotel & Spa , Knutsford, WA16 0SU

16:00 - 18:00

Liverpool Business Expo 2025
https---cdn.evbuc.com-images-881365363-4862066883-1-original.20241023-085714.jpeg.jpg
LBV Hub Awards
23 May 2025 - 23 May 2025

Liverpool Business Expo 2025

Aintree Racecourse , Liverpool , L9 5AS

09:00 - 15:00

Advantage: AI – A Workshop for Business Leaders – May 29
Artboard 15.png.png
LBV Hub Seminars
29 May 2025 - 29 May 2025

Advantage: AI – A Workshop for Business Leaders – May 29

Door4 Office, Burnley Wharf, Manchester Road, Burnley, BB11 1JG

09:00 - 11:00

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 LBV122 Online Graphic
Subscribe now

Weekly news bulletin