illegal job questions

GothicStirling

I've been CRB'd for working in a cafe/restaurant before.

Also, if it's illegal to ask about health issues on an application form, then every application I've done has been illegal! What good does it do me if I offer a bar job to someone with a history of a bad back?

Ihatecameron

What good does it do me if I offer a bar job to someone with a history of a bad back?

Generally people only apply for jobs they can do so you shouldn't really be in that situation.

cgk1

GothicStirling wrote: »

I've been CRB'd for working in a cafe/restaurant before.

Also, if it's illegal to ask about health issues on an application form, then every application I've done has been illegal!

The law only changed before Christmas.

What good does it do me if I offer a bar job to someone with a history of a bad back?

That's a capacity issue and my understanding is that you *can* ask about it. You can ask very specific questions like "Would you be capable of lifting a 5kg box" but not "Do you have a bad back?"

Jeff_Bridges_hair

SHIPSHAPE wrote: »

Get lost, you don't know me or my life and experiences!:mad:

The law is clear and it is what I have stated. Anybody who has close contact with a child is vetted.

Why would you be against that? Makes you wonder...

I walk past a junior school every day of my life - should i be vetted? If im on site i may have children pass me there do i have to get vetted because of this?

And i never mentioned anything about your life or your experiences.As i did say - CRB checks would be useless if the person who wanted to attack children had never been caught before so what good would a CRB check be in this case?
Any sex offenders have to let potential employers know they are on it ( I think) so they wouldnt even try and go for jobs that they would come into close contact with kids.

And the CRB system is being abused already http://www.bbc.co.uk/news/uk-england-12356794

Like i said i believe you are over reacting and you are basically stating that everyone is a peado and cannot be trusted. How very wrong you are

Ihatecameron

You can always rely on councils to abuse powers, it is not that long ago they were using a section of the anti terrorist laws to keep dog walkers and parents applying for places in schools under surveillance.

Jeff_Bridges_hair

Ihatecameron wrote: »

You can always rely on councils to abuse powers, it is not that long ago they were using a section of the anti terrorist laws to keep dog walkers and parents applying for places in schools under surveillance.

Its because they think they can get away with it under the guise of 'protecting the children' when in actual fact it protects them little more then if someone didnt have the check done.

TEDDYRUKSPIN

thelawnet wrote: »

My wife is filling out an application for a retail position, some of the questions:

do you have any disability, condition or allergy for which any special arrangement will need to be made?

do you have any regular/recurring ailments which may incur you not being fit for work at any time?

do you have young children/dependant relatives who may also cause problems affecting your availability for work?

have you ever been convicted of a criminal offence, including spent convictions? yes/no

Are these illegal questions?

(Below the criminal offence question it adds, somewhat obscurely, that you may omit to answer the question due to the Rehabilitation of Offenders Act, but it seems to me that omitting to answer the question is likely to cause aspersions to be cast)

All these questions are actually legal but it really depends how they use it.

They should use a CRB check, a medical history questionaire etc. It just seems the company above has a lack of HR support and experience with dealing with such questions.

do you have young children/dependant relatives who may also cause problems affecting your availability for work?

This question can be seen as illegal but it still won't stop a company from putting it in an application form. What do they expect? Even if the family have dependent families with needs, they don't have to disclose it. Even if it affects the availability of work.

The correct question would be, if they have specific times or dates they can not work.

Uncertain

TEDDYRUKSPIN wrote: »

All these questions are actually legal but it really depends how they use it.

Yes........

Legal but utterly stupid!

Asking them on an application form is leaving the door wide open to claims that would be hard to defend.

cgk1

TEDDYRUKSPIN wrote: »

All these questions are actually legal but it really depends how they use it.

They should use a CRB check, a medical history questionaire etc. It just seems the company above has a lack of HR support and experience with dealing with such questions.

do you have young children/dependant relatives who may also cause problems affecting your availability for work?

This question can be seen as illegal but it still won't stop a company from putting it in an application form. What do they expect? Even if the family have dependent families with needs, they don't have to disclose it. Even if it affects the availability of work.

The correct question would be, if they have specific times or dates they can not work.

My understanding is that you can't ask anyone to complete a medical questionnaire before offering them a job anymore, that was one of the changes when the Equality Act came in. You can ask them very specific questions related to the role but a blank medical history checklist is now a no-no.

Googlewhacker

cgk1 wrote: »

But that's irrelevant to the actual role - the reason why you are not allow to ask is to stop you rejecting a suitable candidate simply because you don't want to adjust (maybe because of cost, maybe because of prejudice). Under the new system, if you accepted a candidate and then found out about a health issue, it would then be very difficult for you to change your mind.

I personally wouldn't but playing devils advocate I would have thought in the first year its fairly easy to dismiss. If you find out about someones disability for example you just wait a few weeks and then suddenly the work is not good enough!