Equality Act 2010

On 14th April 2010, the Equality Act 2010 received Royal Assent. It is widely anticipated that most of the provisions will be brought into force in October 2010.

Once in force, section 60 of the Act will make it generally illegal to ask questions about the health of job applicants. There will be a number of exceptions to this prohibition. For example it will be lawful to a question it is necessary to ask for the purpose of:

• establishing whether the applicant will be able to carry out a function that is intrinsic to the work concerned;
• diversity monitoring; or
• where it is a requirement that the applicant has a particular disability, ascertaining that the applicant has that disability.

An employer who breaches the prohibition may face enforcement action by the Commission for Equality and Human Rights. A breach will not per se entitle the applicant to sue or claim compensation. However, if the applicant subsequently brings a disability claim, the fact than an impermissible question has been asked will entitle the employment tribunal to infer discrimination in the absence of an adequate explanation.

Please call Gareth Pobjoy or Nick Crook to discuss the implications of this new law on your recruiting process.

Filed: 22/04/2010 11:10:27