Posted By NickW
Hello, ive got a HR cross-over question. The Personnel Manager has heard an employment law 'expert' state that pre-employment medical questionnaires are limited in much use in that you cant change your mind about employing someone on the basis of an ill-health condition as this amounts to discrimination and a breach of DDA.

Surely there are more shades to this? I have said that irrespective of this, I still want new starters to fill them in as surely our firm has a duty to investigate if am employee has a health condition that could put them and others at risk in the workplace. For example our people have to do a lot of driving. We had one guy join who has Type 2 diabetes. Because I knew about it, we assessed the risks, consulted him about any help he needed but his condition was well controlled and it hardly affected his working ability at all. However I can invisage a situation where someone has a health condition that presents a higher risk that this eg if they are prone to unpredictable black-outs etc.

So in essence (sorry for the ramble) do you use pre-employment medical questionnaires at your workplaces? have you ever had to change your mind about employing someone because you felt that employing them in that role could create a risk? And what added value do you get out of using medical questionnaires?

Posted By Raymond Rapp
Nick

I cannot provide all your answers because there are some tricky issues and in any case the policy may differ from company to company.

However, the DDA provides that a person shall not be discriminated if the treatment is ‘necessary in order not to endanger the health or safety of any person (which may include that of the disabled person)’ 3 (a).

Smaller risks are not so much a problem as you alluded to and would be covered in Withers v Perry Chain Co Limited [1961] 1 WLR 1314, where the employee can accept, as can the employer, that a small risk can be caused or exasperated by the occupation.

Common sense still prevails!

Regards

Ray

Posted By M J Matthews
HI

We use pre employment medical questionnaires as part of initial recruitment and these always accompany the person on his / hers pre-employment medical, along with a job description, we are then led by our occupational nurse / Doctor who will advise us if an offer of employment can be made. We look at vibration related problems as one of the main issues,but will listen to our medical team on all other issues relating to fitness for employment.


Regards

Mick M

Posted By Bob Youel

Pre employment risk assessments should be undertaken and occupations in the RED [high risk] zone should have more work carried out at the pre-job interview state than simply filling in a form e.g undertake psychology appraisals etc

I know of cases where HR relied on paper questionnaires only. These questionnaires did not identify that certain mental/trait issues where present where psychological appraisals may have and employers are know stuck with DDA issues as it is now realised that advice etc given must be questioned at all stages as history has shown advice given by certain people to be unreliable in the past and employees lives could be at risk

It is an unfortunate fact that certain medical / human traits etc can stop a person remaining in / joining certain occupations and it is quite legal and proper to ensure that a person is in the job that is right for them as against putting them into a job/ letting them stay in a job that puts others at unnecessary risk