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 If you haven’t you need to learn more about it and how it has superseded the DDA.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

£23m housing scheme to open this summer St Martins Court Lancaster

£23m housing scheme to open this summer

22 Jun 2026

2

Digital future for Preston's iconic phone boxes The phone boxes

Digital future for Preston's iconic phone boxes

22 Jun 2026

3

National honour for Blackburn College restaurant Blackburn College Scholars award

National honour for Blackburn College restaurant

22 Jun 2026

4

£90m-backed regeneration plans submitted for Central Drive Artist's impression of Central Drive

£90m-backed regeneration plans submitted for Central Drive

19 Jun 2026

5

Manufacturers boost growth with digital investment Daleside Fabrication

Manufacturers boost growth with digital investment

19 Jun 2026

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
LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2Q

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

The Bay Business Club
Logo.jpg.jpg
LBV Hub Networking
22 Jun 2026

The Bay Business Club

Morecambe Football Club, Morecambe, LA4 4TB

17:00 - 19:00

Preston Freelancer Meet-Up: June
June Freelancer Square.png.png
LBV Hub Networking
24 Jun 2026

Preston Freelancer Meet-Up: June

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 12:00

How to manage grievances…with confidence
Logo.jpg.jpg
LBV Hub Seminars
24 Jun 2026

How to manage grievances…with confidence

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

Cyber Crime Awareness Event
Logo.jpg.jpg
LBV Hub Seminars
24 Jun 2026

Cyber Crime Awareness Event

Morecambe Golf Club, Morecambe, LA4 6AJ

13:00 - 16:00

How can smarter employee benefits reduce costs and improve staff retention?
Screenshot 2026-05-20 100211.png.png
LBV Hub Roundtables
25 Jun 2026

How can smarter employee benefits reduce costs and improve staff retention?

Forbes Solicitors , Preston, PR5 6AW

08:30 - 10:00

NO Rackets Required - The Ultimate Padel Party
Crowdfunder.png.png
LBV Hub Social
26 Jun 2026

NO Rackets Required - The Ultimate Padel Party

Pendle Padel Club, Nelson, BB9 5SR

16:00 - 00:00

How hackers target SMEs - and how to protect your business
Lancashire_gamesdesign_Feb26-2120.jpg.jpg
LBV Hub Seminars
02 Jul 2026

How hackers target SMEs - and how to protect your business

Engineering Innovation Centre, Preston, PR1 2XS

09:30 - 11:30

The AI Lab: Marketing Multiplier
Event post 03.07.png.png
LBV Hub Seminars
03 Jul 2026

The AI Lab: Marketing Multiplier

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

09:00 - 11:30

Clubhouse Business Network sponsored by Orca Finance - July 2026
padel-networkpng.png.png
LBV Hub Networking
09 Jul 2026 - 09 Jul 2026

Clubhouse Business Network sponsored by Orca Finance - July 2026

Clubhouse, Blackburn, BB1 3NT

14:00 - 16:00

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 LBV124 Online Graphic
Subscribe now

Weekly news bulletin