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 If you haven’t you need to learn more about it and how it has superseded the DDA.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

SpudBros goes global Morespuds

SpudBros goes global

24 Aug 2026

2

Apprentices building careers at Warden Apprentices At Warden Construction

Apprentices building careers at Warden

24 Aug 2026

3

New roles to help Lancashire firms invest in technology and skills Ltor Mike Connolly Mike Richards Brown Jane Duffy And Tabs Khojani Of Made Smarter North West

New roles to help Lancashire firms invest in technology and skills

24 Aug 2026

4

Breck Homes appoints new head of land for north west Andrew Laing Breck

Breck Homes appoints new head of land for north west

21 Aug 2026

5

Northern Trust secures 10 new strategic land promotion agreements nationwide Promotional Agreements Image

Northern Trust secures 10 new strategic land promotion agreements nationwide

21 Aug 2026

Blackburn College (July-Aug 26)
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
LBV130 September/October Magazine Networking Event
LBV130 Magazine Launch Social720No Text 6 17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2QS

08:30 - 10:30

Built Environment Conference 2026
BEC26 WW Logo720 24 Sep 2026

Built Environment Conference 2026

EG On The Move, Waterside Head Office, Blackburn, BB1 2FA

08:30 - 13:00

All In One Network
LBV Website Events GraphicAll In One Network 15 Oct 2026

All In One Network

The Leisure Box, Northlight, Glen Way, Brierfield , BB9 5NH

14:00 - 16:00

Sub36 Awards 2026
Sub36 WW Logo720 16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

18:30 - 00:30

LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

U35 Networking
Lancaster And Morecambe Logo 1 25 Aug 2026

U35 Networking

The Royal Hotel & Bar, Lancaster, LA1 1YD

17:30 - 19:00

Build Your Business To Sell It - Even If You Aren't Planning To Sell - FREE Workshop
LBV Website Events GraphicAction Coach 2 27 Aug 2026

Build Your Business To Sell It - Even If You Aren't Planning To Sell - FREE Workshop

The Wellsprings, Bolton, BL1 1SB

09:00 - 11:30

Preston Freelancer Meet-Up: August
LBV Website Events GraphicFreelancer Meet Up 27 Aug 2026

Preston Freelancer Meet-Up: August

Society1, Preston, PR1 3LT

10:00 - 12:00

Chamber Breakfast Networking – September
Lancaster And Morecambe Logo 1 03 Sep 2026

Chamber Breakfast Networking – September

Soul Bowl, Morecambe, LA4 4BU

08:00 - 10:00

Mediation in the workplace: a practical guide to resolving conflict
LBV Website Events GraphicMediation In The Workplace 08 Sep 2026

Mediation in the workplace: a practical guide to resolving conflict

Online, Preston, PR1 3JG

12:00 - 12:45

Preston Tech Connection Hot Takes
LBV Website Events GraphicHot Takes In Tech 09 Sep 2026

Preston Tech Connection Hot Takes

Society1, Preston, PR1 3LT

18:00 - 19:30

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 LBV129 Online Graphic
Subscribe now

Weekly news bulletin