Equality Bill

No, I do not think it does mean that applicants have to have received less favourable treatment before the questions are admissible, but I might well return to that shortly. I turn to the extent of questions. Any questions asked must fall within the specified exceptions. In particular, only questions which are required to carry out an essential aspect of the job would be permitted. In relation to the examples that I cited earlier about a forklift truck driver, only questions which related to his or her ability to use heavy-lifting equipment and to drive the forklift truck could be asked. Therefore, a question on one’s mental illness from a previous time would probably be inadmissible. I come back to some of the questions from the noble Lord, Lord Low. There are valid reasons for each of the permitted situations. We believe that we have achieved a balance between allowing inquiries in legitimate circumstances and limiting scope for abuse. Employers who make precluded inquiries and then use the information to reject candidates from further consideration, or for employment, will be liable to challenge at a tribunal. The tribunal could decide on whether, in acting in this way, the employer had contravened the relevant employment provision of the Bill. We believe that this will be a deterrent to employers in the way in which they gain new staff. I am grateful to my noble friend Lady Gould, not only for raising this along with other noble Lords on Second Reading, but also for the endorsements that she brings to the Committee. I return again to the secondary questions from the noble Lord, Lord Low. The applicant would have to have suffered discrimination in order to make a claim, but in any event the commission could enforce the ban on such questions. I hope that makes sense.