Health and Safety Law 2024 (October 2024)

The Equality Act 2010 introduced a ban on pre-employment questions to job applicants about their health, including whether they have a disability, and about their previous sickness absence record, before they are offered a role. Once the offer has been made, a reference request asking about a candidate’s sickness record is, in theory, permissible, but employers are likely to be discouraged from engaging in this practice, given the increased litigation risk.

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