How useful are pre-employment health assessments?

This question could be ‘how useful is a can of worms’ – questioning a potential candidate about their health ‘pre’ employment has become an ethical and legal minefield.

In the bad old days, a pre-employment health assessment was used as a recruitment tool to filter out candidates with a poor sickness record, an ongoing health issue or a disability. In the era of big shoulder pads and brick-like mobile phones, pre-employment checks were mainly designed to protect the employer.

The 1995 Disability Discrimination Act ensured that employers should make ‘reasonable adjustments’ to enable the employment of those with health issues, but they were still able to ask the questions pre job offer.

The Equality Act which came into force on 1^st October last year goes a long way to clarify just how useful ‘pre-employment’ screening can be. It is now illegal to ask candidates questions regarding their health or request a health assessment prior to giving them a formal job offer. Employers who ask health questions pre- job offer are laying themselves wide open to the danger of facing a tribunal to prove that they did not discriminate against the individual if they weren’t offered a job.

It is estimated that two thirds of employers in the UK undertake pre-employment screening. But are they doing this properly with an acceptable cost benefit ratio? Which brings us back to the question about how useful are pre-employment health assessments…

Fit for purpose?

For something to be of use – it needs to be fit for purpose and employers need to be clear what they hope to achieve.

An effective ‘pre-employment’ screening programme should:

• Comply with all current legislation, and only take place after a formal job offer is made.
• Ensure that an employee is physically and emotionally able to undertake the duties required.
• Ensure that an employee’s disability or health issue will not put themselves, co-workers or customers at risk.
• Ensure that all applicants, including those who are disabled are assessed objectively.
• Ensure that an employee is treated fairly during and after the recruitment process.
• Give the employer an opportunity to make ‘reasonable adjustments’ to allow for a candidate’s health issues
• Protect the employer legally against the accusation of discrimination on health or disability grounds

There are of course, additional criteria to be considered for safety critical roles such as transport workers, skilled machinery operators and other roles requiring certain physical abilities.

What’s in a name?

In a perfect world an effective pre-employment screening programme would be known by another name. ‘Employment health assessment’ or ‘New employee medicals’ would be more appropriate and immediately dispel the myth that an employer can discriminate pre- job offer.

Who should assess employment medicals?

Medical information should not be assessed by individuals who are not qualified to interpret the results. Candidates are far more likely to be open if they believe their answers are treated with confidentiality and reviewed by a suitably qualified person. However well designed a questionnaire or health check is, feedback is key. Along with a detailed description of duties required for the role, an effective programme includes carefully worded result summaries, which avoid compromising candidate confidentiality but also provide clear guidance regarding ‘fitness to work’ with instructions for the reasonable adjustments required. In-house occupational health services or outsourced corporate health providers are an essential part of the formula for a successful programme.

Which questions can you ask?

The author Naguib Mahfouz states ‘You can tell whether a man is clever by his answers. You can tell whether a man is wise by his questions.’ Wise words indeed. The Data Protection Act states that health assessments ‘should only collect as much information as is necessary to fulfil the aims of the inquiry. Information should be adequate, relevant and not excessive in relation to the purpose..’ Alyson Fennemore from Manage Health Ltd summarises the situation – ‘The challenge for employers is to understand health risks of employees: have they filled the role with someone who is capable and fit to do the job for which they have been employed?’

First impressions count:

A new recruit is likely to be impressed by a well organised, compliant and timely employment health medical programme, especially if follow up actions are in the best interest of the individual.  Much is said about the benefits of being recognised as an employer of choice and this can be a very good start.

Actions speak louder than words:

An old Eastern saying is ‘No-one grew just by being measured’. Like all health assessments, employment medicals are only of value if the findings are acted upon. If an employer ascertains an issue prior to a candidate staring their job they must make ‘reasonable adjustments’ to enable the employee to commence work. However rigorous the employee medical is, to fail to act is to become liable. Even if no major issues are discovered or noted, often the individual may also gain from added insight to their health and wellbeing, simply by completing a questionnaire.

Wellness in the workplace:

Let us not forget the impact on business of an effective ‘employment health medicals’ programme.  A happy, healthy workforce will make a positive contribution to the bottom line and the sustainability of an appropriate workplace environment. A good employment medical programme protects both the individual and the organisation.

So are pre-employment medicals useful? Although you cannot use the information to discriminate, pre-employment assessments enable the employer to make provision for any disability or health issue earlier rather than later. This can provide tangible benefit for both an organisation and its new recruits. If assessments are undertaken in the right way, at the right time, with the appropriate feedback and follow up actions – I would go so far as to suggest they are essential.

Or as my grandmother used to say – ‘It would be rude not to…’

 

About Author:

By Marcia Reid of Finchers Consulting Ltd.

 

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