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Update 74 - Following the prospective implementation of section 60 of the Equality Act on 1 October 2010, there will be a general prohibition on asking pre-employment health questions of applicants.
The Government Equalities Office has announced a list of provisions of the Equality Act 2010 that will come into force on 1 October 2010.
The provisions include a new rule which limits the ability of employers to ask job applicants pre-employment health questions. The aim of this provision is to protect disabled job applicants from discrimination during the recruitment process. Employers wishing to ask pre-employment health questions will effectively be required to provide bespoke questionnaires depending on the job for which they are recruiting, rather than a comprehensive questionnaire concerning all aspects of a person’s health.