Equality Bill

The Committee heard compelling evidence from disability organisations that disabled people are being discriminated against by having their initial applications rejected by some employers once those employers are aware of a person's disability. It also heard that the widespread use of pre-employment inquiries can act as a deterrent to some disabled people making applications for work. The Royal Association for Disability and Rehabilitation, for instance, told us that restricting the use of pre-employment inquiries""is probably the single biggest difference and improvement that could be made through the Equality Bill in relation to the employment of disabled people."" In the light of that evidence, we are convinced of the need to legislate to deter employers from asking health-related questions and using the information gained for discriminatory purposes. Through the new clause we are providing for unscrupulous employers to be brought to account if they ask questions about health and disability—for reasons not provided for in the new clause—and thereafter reject, or fail to consider, candidates for work because of a declared disability. Where an employer fails to progress a person's application after having asked a question that does not fall within the situations specified and allowed, and the person subsequently makes a claim to an employment tribunal for direct discrimination, the burden of proof will shift to the employer to show that he or she has not discriminated against the applicant because of the disability. If the employer cannot do so, they will be found to have directly discriminated and there are then issues of compensation. To ask the question and to rely on the information so as not to select the disabled candidate is unlawful. The provision will strengthen the burden of proof in favour of the disabled person, so that the tribunal must require the employer to show that it has not discriminated. Together with the guidance that we will issue, it will make it very clear to employers that they should not ask health-related questions unless they can show that they are for one of the specified purposes.