Equality Act 2010 & employing staff

As we employ staff, I am kept up to date with legislation thru one of our accreditation schemes. I was stunned to read that if the New Equality Act 2010 is implemented and becomes law on October 1st 2010 it states that you MUST NOT ask about a job applicant's health (including whether they have a disability) BEFORE offering them work or, where you are not in a position to offer work immediately, before including them in a pool of persons to whom you intend to offer work !!!. There are a few minor exceptions to this - get this; You are entitled to ask health-related questions to either; - monitor diversity in the applicants - enable you to take positive action in employment for disabled people - to establish if the applicant has a particular disability, where having that disability is an occupational requirement for the job. While supporting equality and the disabled, this seems to be taking it a little too far. I'm all for getting as many people into work as possible, but what is this aimed at ? I do hope the new Government reviews this law from the old Labour government and repeals it as soon as possible. It seems that as employers we have little say in the abilities of who we employ..... Can you imagine the consequences for a small firm, such as a Landscaper....?

Totally agree
If someone wants to do this type of job they should be able to handle the work load and if i have someone working with me, i too expect them to work as hard as me, other wise there`s not much point having them work for you!

colin said:

if a job requires certain physical needs to be safe then you are entitled to know by law if the person is safe to do so.

as a side example of what can happen when someone doesnt release this information, when the man who i trained with was working for local authorities doing tree works somebody sent out a youngish lad to do the bonfire in the evening. but the lad was epileptic and didnt say anything and the flames from the fire induced a fit and he fell into the fire.

if the hse are prepared to not go through a business with a fine tooth comb as they do when these accidents happen because your not allowed to check on someones health capabilities or any such person will not be able to claim from your insurance if they havent declared anything then im all for the equality but if i have anybody working with me i expect them to be as fit and work as hard as i do aswell as to the same standards

Replies

Steve Sonic Grounds Maintenance August 16, 2010 at 8:10pm

Surely it is your responsibility to ask whether an applicant is healthy anough to do this physical job? It wouldnt be fare on the employer if one of your workers fell ill at work after them not informing you of their ill health!
I once worked with somone who was epileptic and didnt tell my old boss!
PRO

Gary RK August 16, 2010 at 8:20pm

I think all it will do is make employers use underhand methods to determine if some if healthy or physically fit enough to do a job.

As you say, if I were to employ someone as a driver I would want to know in advance if they suffered epileptic fits etc before offering a job.

I tried to advertise many years ago at a local agri college for someone and our advert was refused as it stated '.....role requires someone who is fit and keen to work hard' on the grounds it discriminated...Work that one out...

What worries me is that the law is changing and is now heavily stacked against employers....take a summary read of the new Act on the ACAS site.

It just seems to be providing more and more opportunities for disgruntled employees to take an employer to court...

Don't get me wrong, I believe that employees should have a level of protection, but it has to be fair and balanced.
Steve Sonic Grounds Maintenance August 16, 2010 at 8:32pm

Totally agree
If someone wants to do this type of job they should be able to handle the work load and if i have someone working with me, i too expect them to work as hard as me, other wise there`s not much point having them work for you!

colin said:
if a job requires certain physical needs to be safe then you are entitled to know by law if the person is safe to do so.

as a side example of what can happen when someone doesnt release this information, when the man who i trained with was working for local authorities doing tree works somebody sent out a youngish lad to do the bonfire in the evening. but the lad was epileptic and didnt say anything and the flames from the fire induced a fit and he fell into the fire.

if the hse are prepared to not go through a business with a fine tooth comb as they do when these accidents happen because your not allowed to check on someones health capabilities or any such person will not be able to claim from your insurance if they havent declared anything then im all for the equality but if i have anybody working with me i expect them to be as fit and work as hard as i do aswell as to the same standards
PRO

Paul @ Ashgate Garden Care August 16, 2010 at 10:11pm

Remember seeing an ad for a job at Sheffield City Council during it's loony left days actively encouraging 'positive discrimination' for physical disabled people to apply to due an under representation in the field of employment.

The job - sewer inspector.
Kirsty Blair August 17, 2010 at 12:47am

or hold a phone! but willing and able to dig!! lol

ROWLY HILL said:
What is a disability? Could anyone define that phrase? I doubt it!

Positively employing disabled folk - My ideal "disabled" new employee is unable to feel pain, cannot eat or drink fluids during the working day and is unable to listen to an Ipod or go to the loo.
Dave Sewell August 17, 2010 at 7:15am

Probably worth remembering that all new employees should have a trial period. If they are found to be unable to do the tasks required then I think they would be fairly easy to move on. The stupid thing is the time and money and indeed heartache for the candidate when they have to be rejected that this kind of senseless law creates.
Richard Boyd August 17, 2010 at 8:55am

Anyone who adheres the total bollocks legislation provided by the state is either mad or deserves all the crap that the state throws at them. Ignore it, do what you, as a good employer know to be right (and watch yer ass!).
PRO

Gary RK August 17, 2010 at 9:35am

Your right, but all it takes is one disgruntled prospective candidate / employee to tie up a small business in mindless cout cases.

I really hope this labour inspired act I'd made sensible & balanced.

Anyone seem the story today regarding the two registrars in lambeth London ?. Go find it and read it. It's equality gone mad....

Richard Boyd said:
Anyone who adheres the total bollocks legislation provided by the state is either mad or deserves all the crap that the state throws at them. Ignore it, do what you, as a good employer know to be right (and watch yer ass!).
Dave Sewell August 17, 2010 at 10:05am

Unfortunatly you can't ignore it...

Richard Boyd said:
Anyone who adheres the total bollocks legislation provided by the state is either mad or deserves all the crap that the state throws at them. Ignore it, do what you, as a good employer know to be right (and watch yer ass!).
Cesare Harradine August 17, 2010 at 8:43pm

In our trade, phisical fitness is a qualification and we have the right to know what qualifications a candidate has.
If I wanted someone to keep my books I would ask about their numarcy fitness to do the job. If I wanted someone to write letters I would ask about their literacy fitness to do the job. If I wanted someone to do a phisical job I would ask about their phisical fitness to do the job.