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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6530
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Can i ask a prospective employee if they have a history of

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Can i ask a prospective employee if they have a history of back related health problems

Hello my name is***** am a solicitor and I am happy to help you today. Is there a particular reason you wish to ask this question related to the job that is being offered?

Customer: replied 6 months ago.
No it is a general question i would like to know the answer too for all new employees, i usually confirm employment and then ask for a health declaration which identities risks within the nursing home. it then goes on to explore prior health matters
Customer: replied 6 months ago.
Hi i would prefer a written reply the answer is to inform me of the legality of asking this question.

There is nothing wrong with asking the question if it is concerning health and safety risks within the workplace. A problem might arise for you if a person answers positively to that and you decline to engage them solely on that basis. This is because the employee might potentially fall within the remit of being a disabled employee and they may be able to claim Disability Discrimination and failure to make reasonable adjustments as this extends to the recruitment process.

If you have any further questions please do ask.

Customer: replied 6 months ago.
Thanks for the reply, is it acceptable to ask a prospective employee if they are registered as a disabled person the avoid this risk?

No that doesn't avoid the risk at all it would in fact increase it exponentially. You should also note that it is not necessary to be registered disabled to be deemed it for employment law purposes. For employment law purposes it is a physical or mental impairment which is long term and has a significant impact on ability to carry out day to day activities which is much broader than 'disability' for social security purposes.

If you have any further questions please do ask. Otherwise I would be grateful if you would take the time to rate my answer. Thank you and all the best.

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