A Healthy Recruitment Strategy

19 April 2004

A crucial aspect of any responsible recruitment strategy is for employers to recruit staff able to continue in a job without unnecessary time off for short or long-term illness whilst avoiding disability discrimination. Here is a brief overview of some key areas to consider in your recruitment process.

Disability Discrimination

As a starting point, employers must appreciate that it is unlawful to discriminate prior, during or after employment against any person with a "disability" for the purposes of the Disability Discrimination Act 1995. In any event, employers should not have the mindset, when recruiting an employee, that a disabled employee is unhealthy. It is a misconception to associate disability with a poor attendance record. Employers should recruit the best person for the job and retain effective staff regardless of whether they are able bodied or disabled.

Advertisements

Employers should be careful not to discriminate against disabled persons when advertising a post. An example would be to specify in an advert for a largely sedentary position that applicants should be "energetic". When drafting an advertisement you should ensure that every word used in that description is relevant and an actual requirement of the job. If not, it could unjustifiably exclude some disabled people and amount to discrimination.

Application Forms

Recent legal cases put the onus on the employer to be pro-active in ascertaining what disabilities and/or other health issues that an applicant might have as well as what reasonable adjustments (if any) it can make to assist a disabled employee. The frequently used defence of not knowing that the employee is disabled increasingly lacks credibility at an employment tribunal.

The application form should encourage applicants to declare any disability or other relevant health issues and provide guidance on what reasonable adjustments (if any) might be necessary.

Interviewing a Candidate

To assist with the recruitment of a diligent and healthy workforce ask all candidates questions at interview stage about attendance at work. Candidates should be asked for their attendance record in the previous two years and the reasons for any lack of attendance. Also check the frequency of illness, for example is there a pattern of short-term illness on a Friday and/or a Monday? It is also the time to discuss disabilities and reasonable adjustments.

Health Screening Prior to Employment

Applicants should complete a detailed medical questionnaire that provides information on their health and attendance records. Employers should obtain the applicant's consent for the purposes of the Data Protection Act 1998 ("DPA") to disclosure of the information to third parties, for example a company doctor or occupational health advisor.

Candidates should also have a medical examination prior to employment to ensure that you are aware of any relevant health issues. The medical advisor should provide information on whether the applicant is fit for the job and/or fit for the job if reasonable adjustments were made to accommodate them. Increasingly job offers are becoming conditional upon satisfactory medical screening in a similar way to the requirement for satisfactory references.

References

Whilst current and/or former employers are increasingly careful about the disclosure of sensitive personal data under the DPA, there are a number of questions that a prospective employer should still ask in relation to health issues. Examples might include details of the applicant's attendance record, patterns of attendance such as short or long-term absence, any disabilities and accommodating reasonable adjustments.

Health screening should not stop at the recruitment stage! Following recruitment, employers are advised to put pro-active measures in place. These include a probationary period of three to six months when attendance should be reviewed, return to work interviews following absence, a clause in the employment contract that requires, when necessary, an employee to attend a medical examination and regular health screening during employment.

For more information please contact Andrew Masters, Partner & Head of Employment.
 

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