Although we don't want to seem as if we're covering the same topic for months, the Government Equalities Office (the department responsible for equalities legislation and policy) has just updated their guidance for employers about asking health or disability related enquiries during the recruitment process and has published an excellent new 'FAQ' section* on their website.

The website covers some really useful scenarios for employers and provides some pretty clear guidance about what can and can't be done.

In summary, (and it's a relief to see the Equalities Office specify things so clearly) the Act does not stop employers making any enquiries about health conditions, although there are limitations on the type of questions that can be asked and their timing.

Once you've made a job offer(which can be conditional or unconditional), or have placed succesful candidates in a pool of people to be offered a job when a vacancy arises, you can then make any necessary enquiries about individual health or disability.

If you want to make any enquiries at an earlier stage than making a job offer, or to place people in a pool to fill future vacancies, you can only ask about health or disability in specific circumstances (all of which are listed on the website), such as finding out if the person will be able to attend an interview, or carry out a function essential to the role.

If you make a health or disabiilty-related enquiry and the candidate thinks you used the information about their disability to reject them, you could be challenged to an employment tribunal and would then have to demonstrate that you did not directly discriminate against the person because of their disability.

* http://www.equalities.gov.uk/equality_act_2010/faqs_on_commencement_of_the_eq/health_and_disability_related.aspx