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Job Applicants Health Questionnaire

Key Points

  • It is unlawful to ask a job applicant health related questions and then based on the answers decide whether or not to offer work.
  • There are 5 exceptions to the rule but generally it is ill-advised to ask job applicants medical questions.
  • An employer can ask questions about fitness if these enquiries are intrinsically linked to the applicants’ ability to perform the vacant role.
  • Once an offer of employment has been made employers may decide to ask employees to undertake a medical assessment/ complete questionnaire.  Employers cannot treat staff less favourably as a result of any information obtained without exposure to a disability discrimination allegation.
  • Employers will be obliged to make reasonable adjustments if medicals uncover disabilities and employers will have no lack of knowledge defence.

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