Equality Act 2010

Equality Act 2010 Information

The NHS Employers Bulletin from 13th September 2010 has provided some further guidance and clarification on the Equality Act and pre-employment health screening processes. Obviously much of this relates to the NHS and not to other organisations but the clarification has been helpful in moving this agenda forward.

In light of the new information and advice available it would appear that:

1. Offers of employment can be made conditional upon health checks. Health checks may take place only after an offer of employment has been made. If adjustments are recommended, these should be made if reasonable. If it is considered that adjustments are not reasonable in those particular circumstances then the job offer can be withdrawn.

2. Health questions can be asked in references so long as the reference is sought after an offer of employment has been made.

Clearly this is helpful from an employer’s point of view.

Although it is not a legal requirement of the Equality Act, there is a recommendation to stop the use of large general health questionnaire forms and in accordance with Data Protection legislation, to only collect data about an individual that is necessary for the purpose.

We are developing a shortened form of questionnaire to comply with guidance which we will distribute shortly for your comment. We will post new information when it becomes available.

For the latest NHS Employers bulletin 232 please click on:
www.nhsemployers.org

For previous Working Well information please click on:
www.workingwell2gether.nhs.uk/2010/09/09/the-equality-act-2010/