Can I Ask About Someone’s Medical History in an Interview?

The interview process is a crucial stage for employers to assess candidates and ensure they’re the right fit for a role. However, when it comes to questions about a candidate’s medical history, it’s essential to tread carefully. Asking the wrong questions could not only be inappropriate but could also lead to potential legal issues under UK employment law.

What Does the Law Say?

The Equality Act 2010 provides clear guidance on this matter. Generally, it’s unlawful for employers to ask about a candidate’s medical history or health before offering them a job. This rule is designed to prevent discrimination and ensure that candidates are assessed based on their skills and abilities, rather than their health status.

Are There Any Exceptions?

Yes, there are certain circumstances where asking about a candidate’s health or medical history may be lawful. These exceptions include:

1. Assessing Reasonable Adjustments: If the job involves tasks that may require adjustments (e.g., lifting heavy objects or prolonged standing), you can ask if the candidate would need reasonable adjustments to perform the role. However, it’s important to frame this question in a way that focuses on the candidate’s ability to perform the job rather than their medical history.
2. Monitoring Diversity: Employers can ask about health conditions if the purpose is to monitor diversity or support initiatives aimed at recruiting disabled people. However, this information should be collected separately and not influence the recruitment decision.
3. Ensuring Health and Safety: If a job has specific health and safety requirements, you may ask questions to determine if the candidate can meet these requirements. For example, you might ask if they can handle specific equipment safely.
4. Occupational Requirements: In rare cases, where having a particular health condition is an essential requirement for the role (e.g., certain fitness levels for firefighters), questions about health may be justified.

How Should Employers Approach This Topic?

If you believe one of these exceptions applies, it’s crucial to handle the conversation with sensitivity and professionalism:

• Focus on Abilities, Not Conditions: Instead of asking directly about a medical condition, ask questions that relate to the candidate’s ability to perform specific job duties. For example, “This role requires regular lifting of items up to 10kg. Are you comfortable with this aspect of the job?”
• Avoid Assumptions: Never make assumptions about a candidate’s ability to do the job based on their appearance or perceived health status. Such assumptions could be discriminatory and legally risky.
• Be Prepared to Make Adjustments: If a candidate discloses a disability or health condition, be open to discussing reasonable adjustments that would enable them to perform the role effectively. This shows that you’re committed to an inclusive and supportive workplace.

Consequences of Asking Inappropriate Questions

If an employer asks about a candidate’s medical history without a valid reason, it could lead to claims of discrimination. Even if a candidate is not hired, they could still take legal action if they believe they were treated unfairly because of their health or disability.

This not only exposes your business to potential legal challenges but can also damage your reputation as an employer, making it harder to attract top talent in the future.

Best Practices for Employers

1. Train Interviewers: Ensure anyone involved in the interview process understands what they can and cannot ask. Providing training on discrimination laws and interviewing best practices can help prevent legal issues.
2. Use a Structured Interview Process: Stick to a pre-prepared set of questions that focus on the skills, experience, and competencies required for the role. This reduces the risk of inappropriate questions being asked.
3. Separate Health-Related Questions: If you need to collect health information, do so after a job offer has been made. At this stage, you can ask questions related to any reasonable adjustments needed or occupational health assessments.

Final Thoughts

While it might be tempting to ask about a candidate’s medical history to gauge their suitability for a role, it’s crucial to respect legal boundaries and focus on their abilities instead. By following the guidelines set out by the Equality Act 2010, you can ensure a fair and non-discriminatory recruitment process.

Need Help Navigating Employment Law?

Our team of employment law experts is here to guide you through the complexities of recruitment and ensure your practices remain compliant. Get in touch today for tailored advice.

Contact Us Today:

• Email: info@mylawsolicitors.co.uk
• Telephone: 01924 654194

Understanding and respecting employment laws during the interview process not only protects your business but also helps you build a diverse and inclusive workforce.