Rank: Forum user 
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Hi, just had a thought around a slightly confusing issue. Apparently the equalities Act 2010 just about put a nail in the term "pre-employment medical questionnaires" on grounds of possible discrimination. I can't personally vouch for the accuracy of this information. But the real life instance of preparing a document from scratch to assess the relevant risks has led me question how much information needs to be on a questionnaire. I'm asking industry specific health questions for manual handling and work at height and it occurred to me it was unusual not to have the GP's details and next of kin on, but then, is that too much for pre-employment screening? We surely can't be employing people with vertigo or bad backs who create risks, for the fear of civil action on grounds of discrimination.
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Rank: Super forum user 
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The people with vertigo and bad backs are not creating risks. It is work at height and manual handling that create risks. The issue is whether or not you can make the job safe for them to do.
I can't see what use knowing someone's next of kin is when you haven't employed them yet. That information should be collected as part of the HR process when they are actually employed - and subsequently kept up to date.
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Rank: Forum user
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The EA2010 does allow for pre-employment medical questions to be asked where it is intrinsic to the role under consideration e.g. if you were recruiting a driver you would be able to ask at pre-employment stage if they had any medical conditions which either prevented them from holding a driving licence or which placed conditions on the types of vehicles they were licenced to drive. In such a specific senario we previously asked "Do you have any medical condition notifiable to DVLA? If yes please provide details." and were advised by our legal advisors that this was defendable as driving was a essential part of the job.
My understanding is that it would be up to you to prove to a tribunal when faced by a discrimination claim that the questions you asked were in relation to an intrinsic funtion of the job role concerned and I don't think I would take this risk the types of conditions you ma be taking about without some input from an occupational health professional. There is nothing to prevent you from making a conditional offer of employment subject to the receipt of satisfactory occupational health reports and at least that way if you don't employ someone directly based on a medical condition you have medical evidence to back up your case.
I agree with Kate regarding the need to know GP's information and Next of Kin prior to them actually being employed
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Rank: Super forum user 
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You are allowed to ask, the Equality Act places restriction on when you can ask.
The intention is to remove (shall we say) "temptation" to discriminate on the basis of information recieved without giving suitable candidates a crack at the interview.
Any offer of employment after the selection process can still be made on a condition that the prospective employee is in all respects fit (with all the caveats of what is reasonable, and making reasonable adjustments) to do the job - by appropriate occ health/medical referral and exam.
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Rank: Super forum user 
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In my previous employment we never asked for any medical information until a firm offer of employment was made to the successful candidate, thus removing one possible form of discrimination.
The Equality Act merely gave this process a legal status & I fully agree with Ron's viewpoint.
Zyggy
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