How do we have to change our employment policies to reflect the changes to the Equality Act?
One of the main changes to the Equality Act coming into effect on October 1 is that the questions retailers can ask potential employees about their health during the recruitment process are constrained. Employment relations service Acas says the act limits when you can ask health-related questions before you have offered the individual a job. Up to this point, you can only ask health-related questions to:
- Help you to decide whether you need to make any reasonable adjustments to the selection process for that person.
- Decide whether an applicant can carry out a function that is essential or ‘intrinsic’ to the job.
- Monitor diversity among people making applications for jobs.
- Take positive action to assist disabled people.
- Assure yourself that a candidate has the disability, where the job genuinely requires the jobholder to have a disability.
Acas warns that if you ask prohibited questions and do not employ the applicant, they may bring a claim of discrimination against you and the burden of proof would be on you to demonstrate that you had not discriminated.
Acas head of equality Steve Williams says: “This will mean a change for many workplaces. It will affect the interview and selection process, so employers need to understand the changes and review their policies, if needed.”
A podcast on the changes can heard at Acas.org.uk/equalityact.
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