Under the Equality Act 2010, the use of pre-employment health questionnaires is banned except in very limited situations.
You can still issue health questionnaires to successful applicants. Your offer letter should make the completion and return of the completed questionnaire a term of the offer. In that way you will know what risks (if any) you face as a business and this will allow you to plan accordingly but you will not be getting that information prior to considering whether to offer the candidate the role.
If you need advice or have any questions in relation to the use of pre-employment health questionnaires or in dealing with employees with sickness/health/disability issues, please contact David Greenhalgh on 020 3603 2177.
This article/blog is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking or deciding not to take any action.