Careers - GUIDE TO APPRENTICESHIPS

The Equality Act restricts the circumstances in which an employer can ask health related questions before a job offer is made to an applicant. This means that employers may ask relevant questions only if they are necessary for the purpose of: • establishing whether the candidate will be able to comply with a requirement to undergo an assessment (e.g. an interview or test), or whether the employer will make any reasonable adjustment for that assessment; or • establishing whether an employee will be able to carry out a function that is intrinsic to the work concerned; or • monitoring the diversity of the range of applicants; or • taking positive action in relation to disabled people (in accordance with the Act); or • where there is a requirement to have a particular disability, establishing whether the applicant does in fact have that disability Therefore, in many circumstances, candidates will not be asked disability or health related questions unless they have been offered the job. Both written and oral questions of this kind are unlawful and so too is a request for a reference to be sent which asks about disability or health, before a job offer is made. It is acceptable for an employer to ask once a job offer has been made whether you havea health condition or disability. Answer in a straightforward way and make the distinction between a health condition and a disability, providing information which may assist your employer in supporting you in your new job role. If you sign a declaration saying you do not have a disability when in fact you do, this may have consequences later on. Many employers will ask direct questions about disability on equal opportunities monitoring forms which form part of the application form. They are likely to use this information to ascertain whether reasonable adjustments need to be made to enable the candidate to fully participate in the selection process. If you feel it necessary, explain how your disability would affect you in a work environment – or say that it has no practical effect. However, there is no obligation for you to do so unless a job offer has been made and specific questions are asked. Focus more on your abilities and why you think you’re the right person for the job. You may also be asked direct questions about disability and health on a medical questionnaire; whether you will need to fill one out, can depend on the type of job or employer. Application forms and medical questionnaires

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