Legal question - Is this health questionnaire legal?

[MNHubbie]

Hi there,

I'm applying for promotion at the moment in teaching and one of the jobs I'm looking at has an odd health questionnaire that I've not come across before (I'm used to the old "do you have a disability we need to prepare for" but this is a bit more).

There are only 4 questions but given that my school refuses to give out details of sick days until an offer of employment is made on legal grounds and as frankly it doesn't feel right I do wonder if I should be reporting them rather than answering it.

Here are the questions:

"Have you ever had any health problems that may have been caused, or made worse, by work?

Are you having, or waiting for, treatment or medical investigations of any kind at present?

How many days sickness absence have you had in the past 2 years?

Was this only one episode of absences?

If ?No?, how many different episodes were there within this time?"

I can understand the reason for the questions and as a line manager I would appreciate this information before offering employment to anyone but at the same time it feels like a big invasion of privacy and a slippery slope.

Can anyone help?

I can't see why it would be illegal - depends on what they do wit the information. We wouldn't normally do checks likethis until after an offer of employment has been made either.

Oh forgot this bit:

"Please note that the information on this form will be used to assess your medical suitability for the post that you have applied for and will be read by the Interview Panel. The panel may ask follow-up questions. "

Basically they are using the information to reduce the pile of applications and anyone who says yes will go in the round file regardless of any extra details they put on the form.

Are you in the UK as its not good practice and potentially ileagal

www.guardian.co.uk/money/blog/2012/mar/30/what-can-ask-job-interview

Yes UK. English state schools.

www.tes.co.uk/job/lead-learner-of-science-60104/

I'm always sceptical about any newspaper article but it is interesting to note that sexuality has also been mentioned. I've seen an increasing number of "equal opps" forms asking about sexuality recently. They claim the form isn't used to help select but it is there on the application in many teaching jobs. In the days before electronic applications that information used to be in a sealed form that you signed across the seal on.

So if it is potentially illegal I'm not going to help my job prospects by refusing to answer it on legal grounds. I could make up a new email address to let them know they are breaking the law and see if they remove the form... but who do I speak to? ACAS have just said they hand out leaflets rather than actually getting involved. The unions just want me to renew my subscription (I know, I know... I will soon) but surely there is a body who could act swiftly on this?

Oh and thanks for the reply!

no it isn't, this is from someone who knows my HRs HQ isn't legal ( I am working on it) just on the question how many sick days, very, not Equality Act friendly.

This appears to be either a very old HQ or someone who was trying to fit the EA but messing it up big time :)

I would like to claim I don't look at this bit of info but I do, I ignore it iyswim, but I look because recently I saw someone who had but 40 days off sick in a year then said they had 5 weeks off sick for a reasonable illness, which was actually 25 days sick, I phoned him to let him know he had made a mistake as in refs can still I think ask this?? I am not a HR expert.

Thanks.

I just wonder what I can do about it without risking prejudicing my application.

After a very unhelpful poke around Directgov I am still in the dark about legality as their guidance is so vague. Eventually I found a link to: www.equalityhumanrights.com/ and have asked the question of them there.

I'll keep folks posted.

I know, I know... you should see some of the huge list of bizarre names they give to Head of Faculty posts.

It is not good practice to ask those questions pre-offer. They could discriminate against someone with a disability.

It's all very well to say they wouldn't be looked at our influence a decision by why ask in the first place? All data collected must be for a legitimate purpose so if it serves no purpose why ask? By having a questionnaire like that there is an increase risk of claims for disability discrimination - so no sensible person would take that risk.

Op, in your shoes I would apply but not complete that section. I would put "not applicable" and if I wasn't that bothered about the job I might put a note in that the questions could potentially contravene the Equality Act 2010... but I might just leave it. If they can't even get recruitment right what else isn't right?

That is a concern. I have reported them to the equality folk but I haven't heard back from them yet.

I have a little while longer before I need to have the application in so I can wait on their reply...

...if they don't get back to me I have a decision to make as you say. Do I just leave it, fill it in or tell them that I feel that the questions are illegal? That'll be up to me I guess.

Unless anyone else knows anyone else to report it to?

Is it ok to ask this when you ve been offered the job ?
Ive been asked the exact same questions but more details including have i atteded my GPs in the last year and why as well as have i ever had mental health issues or councilling.
Is it acceptable then ?

I wouldn't be reporting them to anyone other than the organisation in the first instance. It's probably an error by someone who doesn't know the law or it's an oversight by someone who hasn't been trained on current recruitment guidelines and processes.

I think involving third parties without giving the organisation the chance to change it first is a bit unfair.

Yes it's fine to ask afterwards but a job cannot be withdrawn based on the answers. It may be that an employer needs to make reasonable adjustments before the employee starts work so they need to ask the questions.

I see. I shall have a read of the any small print detailing that that came in my info pack. thanks very much.

What can happen if they ask you afterwards is that they refer you to Occupational Health to see if they need to adjust anything for you.

In terms of reporting. It is a whole form that was made and has been issued for every recent job of theirs. I'm not after them being prosecuted but to be informed by someone in authority. I think I may make up a new email address and contact them from it myself.

Well there's no risk of prosecution because it's not a criminal matter but there is a tiny risk that someone who has a disability and is not shortlisted as a result of that questionnaire (or they just think that's the reason) makes a claim of disability discrimination at a tribunal. Not that they would necessarily have any kind of case - it's the proceedings that can be costly and are so best avoided.

Which is why I would contact the organisation involved first - it's currently their problem as a potential risk until (if) someone makes a claim.

Done and TES too.

I think prospective employers SHOULD be able to find out if people have been taking loads of sick days for no obvious reason, before they offer them a job. A small company could really lose out if they employed any of the slackers I work with in the NHS. Its easy to spot the piss takers, one or two days off at a time, Fridays/Mondays, a couple of days added to the end of annual leave. It goes on for years and nothing gets done about it. Rant over.

Whilst I understand you rant, doesn't mean someone would not be a good employee to you, I have had 2 jobs I can site with terrible sickness,next job and further jobs fine, because I wasn't working for a in a terrible situation worst was 53 days sick in a year, I was being bullied it was sorted but I still had to work with her, and because the work had been looking for a test case, and I was the winner iyswim in the disiplinary, I still didn't feel I could work with the woman, so I left, next year and years later no days off sick.
days off sick are completely irrelievent reasons can be, read my post above someone gave themselve 40 days when it was only 25, and for a real reason, not to be repeated...unless you know of more than one appendix?
I have once 2 week sick and then 4 weeks first was Mum Dying next 8 years later Dad, these are hardly to be repeated reasons for sickness.

I don't think the amount of days off sick would put off prospective employers, as missingmumxox says there are often good reasons and no need to think the same thing will happen with a new job. If all the information was available at interview they'd be able to see the pattern of sick days, fairly easy to spot the genuine from the slackers IMHO.