Asking about disability on job application

WeAreGhosts

there is an employer i know of who is advertising jobs on the business website and they are asking about health, whether you have a disability and whether you are taking medication.

is this legal nowadays?

i thought the Equality Act said this couldnt happen.

the job roles are admin/retail/customer service etc.

Indie_Kid

It could be because some people may need adjustments at interview?

WeAreGhosts

if so, why would they need to know if you are taking medication?
i think that question goes too far. that is something that can be asked when someone has got the job,, surely?

pmlindyloo

According to this link it is not allowed:

http://www.mind.org.uk/information-support/legal-rights/disability-discrimination/

WeAreGhosts

pmlindyloo wrote: »

According to this link it is not allowed:

http://www.mind.org.uk/information-support/legal-rights/disability-discrimination/

thanks for that link, v. interesting
is there any way to report this sort of thing to an authority?
i will email the business first though and ask why they ask those questions

tomtontom

The Mind link is very misleading. If you read s.60 as a whole you will see there are instances where it is permissible to ask such questions. It would be more accurate to say that it is not lawful to use disability related information as part of the decision making process, but that asking the question in itself is not unlawful.

pmlindyloo

tomtontom wrote: »

The Mind link is very misleading. If you read s.60 as a whole you will see there are instances where it is permissible to ask such questions. It would be more accurate to say that it is not lawful to use disability related information as part of the decision making process, but that asking the question in itself is not unlawful.

I did read section 60 of the equality act but the language does make it difficult (at least for me ) to get any clear conclusions from it.

I believe that this link gives a good overview - what do you think?

http://www.equalityhumanrights.com/sites/default/files/documents/EqualityAct/pre-employment_health_questions_guidance_for_employers_final.pdf

WeAreGhosts

thanks for the link again.

the job application i have found is a general one which covers all jobs in the company ranging from admin to customer service to food preparation. so that rules points 1 - 3 out.
i suppose any employer could state, when challenged, that they are asking the question to 'monitor the diversity' of people applying. however IMO it would should be made clear on the application WHY they are asking the questions and unfortunately it seems the law makers havent though of that

WeAreGhosts

Ooh, just read further ....

1. Question:
An employer's standard job application form for all jobs contains a
section requiring job applicants to reveal information about any health
issues and the number of days they have had off because of ill health in
the last two years. Is this lawful?
Answer:
This section of the form is in breach of Section 60 because the questions
clearly relate to health (and possibly disability) and this general health
information is not necessary under one of the defined exceptions.

tomtontom

WeAreGhosts wrote: »

Ooh, just read further ....

1. Question:
An employer's standard job application form for all jobs contains a
section requiring job applicants to reveal information about any health
issues and the number of days they have had off because of ill health in
the last two years. Is this lawful?
Answer:
This section of the form is in breach of Section 60 because the questions
clearly relate to health (and possibly disability) and this general health
information is not necessary under one of the defined exceptions.

I can't open the link, but would disagree that such a section would automatically be unlawful. The key questions to consider are the intent behind the section and whether the section is used as part of the decision making process. The legislation is worded in such a way that no application form is automatically unlawful, each case would be decided on an individual basis.

System

I actually do understand why its asked, for example i have bipolar and my medication makes me drowsy in the morning, so as a reasonable adjustment i start work later (this is in retail), plus some companies are two ticks companies so in some cases if you declare you have a disability it can guarantee you an interview under the scheme, which can be useful if for example like me you were on esa for 3 1/2 previous.

All that said i think what others have said is right about the legalities of it.