The rules on asking about disabilities during recruitment are set out in Section 60 of the Equality Act 2010. In general, employers must not ask job applicants about their health or disability before making a job offer (either conditional or unconditional).
Limited Exceptions
There are specific, narrow exceptions where health questions are permitted before an offer:
- Reasonable adjustments for the recruitment process — asking if the candidate needs any adjustments for an interview or assessment
- Ability to carry out a function intrinsic to the role — e.g., asking whether a candidate can carry out physical tasks essential to the job
- Monitoring diversity — anonymous, voluntary surveys for equal opportunities monitoring
- Positive action — where the employer is taking steps to encourage disabled applicants
- Occupational requirement — where having or not having a disability is a genuine requirement of the role
- National security vetting
After a Job Offer
Once a job offer has been made, employers can ask health questions. Many employers use pre-employment health questionnaires at this stage. However, any withdrawal of the offer based on disability must be justifiable and not discriminatory.
Best Practice
Focus application forms and interviews on the candidate's ability to do the job, not their health status. Train hiring managers on what they can and cannot ask. Include a question about reasonable adjustments needed for the interview itself.
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