Hi Lucy, I'm with you on this. I would be interested to know the article because it is more likely to be the other way round. Health surveillance and medical screening should assist both the ill and those with disabilities getting back into the workplace. It is critical to making a place accessable and user friendly that any potential issues are id'd before a person starts work...

This seems to be related http://www.publications....rd/text/100119-0008.htm. Theres some reference down at the bottom. It relates to pre-employent screening not Health surveillance as may be required by CoSHH etc. Coincidently I just came out of a meeting with our General Manager and a HS consultant where I was advocating Health Surveillance and pre employment screening as part of our arrangements to manage exposure to flour dust. The Consultant suggested that pre-screening was to be banned. The above article does not actually indicate a ban of pre secreening, only that medical information can only be used if relevant to the job or the assit in making reasonable adjustments. It also indicates it will be easier for 'disabled' to take employers to tribunal if they believe a job offer was withdrawn on medical grounds. On the face of it it doesn't appear to discount not employing someone, only that you need to be very sure of yourself if you want to avoid a claim of discrimination. I always understood the H&S law takes primacy over DDA etc. Surely there will always be some cases where it is not possible to make reasonable adjustments and inappropriate to employ someone in particular circumstances,but these should be very rare and defensible. Anything to reduce discrimination should be welcomed but not to the point where we expose that individual to unacceptable risk. Regards Jon

Try Personnel Today - article dated 22/01/2010 Also in Personnel Today - Wedding rings to be banned in workplace under Equality Bill - Now that has got to be an April Fool!!

This is the relevant inserted amendment clause: 64 Page 36, line 14, at end insert— "( ) An employment service-provider must not ask for details of an applicant's health or disabilities before an offer to which subsection (1) applies has been made, except in so far as is necessary to make reasonable adjustments to the selection process." 65 Page 36, line 29, at end insert— "( ) An employment service-provider must not ask for details of an applicant's health or disabilities before an offer to which subsection (4) applies has been made, except in so far as is necessary to make reasonable adjustments to the selection process." Apparently the bill passed and just needs royal assent. The bill will be law quite soon, although various aspects will become law at different times.

Lucy, I have read the Act and I still do not agree that prescreenings will be banned - what the act is trying to do is prevent employers from using prescreening as a prefilter. I have lifted the below from the recruitment clause (60) and it states that employers can ask the question IF it is relevant to the work. I.e. you can ask someone who drives a lorry if they have poor eyesight, etc., etc. AND then you have to make your own assessment to establish what adjustments are to be made.... (6a is the application process and 6b is work activities).... (6) This section does not apply to a question that [the prospective employer] asks in so far as asking the question is necessary for the purpose of— (a) establishing whether [the applicant] will be able to comply with a requirement to undergo an assessment or establishing whether a duty to make reasonable adjustments is or will be imposed on [the employer] in relation to [the applicant] in connection with a requirement to undergo an assessment, (b) establishing whether [the applicant] will be able to carry out a function that is intrinsic to the work concerned. Hopefully though, there will be some guidance out on this soon....

Hi there As I understand it the Equality Bill which has just passed it's final stages in Parliament will ban the use of PRE EMPLYMENT health questionnaires to prevent discrimination on grounds of disability or health including mental health. Employers will be able to use health questionnaires after they have offered a job position to someone, but that still ends up with employers potentially being in a sticky situation with someone..... Health surveillance shouldn't be affected. The link below may be helpful: http://www.equalities.gov.uk/equality_bill.aspx