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Episode Description
Ever had that gut-dropping moment when you realize a seemingly innocent question might land you in legal hot water? That's exactly what happened to me when I casually asked a new warehouse manager about old sports injuries – and suddenly found myself facing a potential tribunal.
Post-offer medical assessments are a compliance tightrope that many UK employers wobble across without proper training. Section 60 of the Equality Act 2010 creates a clear boundary: health questions before job offers are prohibited, but afterwards, they're permitted within specific parameters. Get it wrong, and you could face uncapped discrimination payouts – like the eye-watering £96,000 awarded in the 2024 Brook v Silverbeam Marketing case over inappropriate questions about bathroom breaks.
This episode walks you through creating bulletproof post-offer health questionnaires that gather necessary information without crossing legal lines. Learn when to involve occupational health professionals, how to decode their recommendations, and implement reasonable adjustments that genuinely work. We explode common myths (60% of adjustments cost under £500!) and provide real-world examples across various conditions and roles – from text-to-speech software for dyslexic admin assistants to guaranteed lunch slots for baristas with Type 1 diabetes.
Health information falls under special category GDPR data, requiring Fort Knox-level protection and minimal sharing. I'll guide you through the entire process from questionnaire design to secure storage, explaining who needs access and for how long. Plus, don't miss our rapid-fire Q&A addressing everything from rescinding offers to apprentice rights.
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