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Pre-employment questionnaires banned from October 2010!

Advice Now Web 0033 OpUntil they make you a job offer, it will be against the law for an employer to ask you anything about your health unless they’re doing it for one the following (positive!) reasons:

  • to find out whether you need any 'reasonable adjustments' to make the recruitment process fairer for you.
  • to check that you’d actually be able to do the job once 'reasonable adjustments' were made.
  • to find out if you have a disability if that would help you to do the job better (for example, organisations providing services to disabled people often prefer to employ people who have experience of a disability)
  • to offer you the job over other candidates if you have a disability (this is called 'positive action' and is only possible where you are as qualified as the other candidates)
  • to carry out a survey (using a 'diversity' or 'equal opportunities monitoring' form) to find out how many people with a disability are applying for the job.

September 2010

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About 'Is that discrimination?'

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