Pre-Employment Q&A
Following our earlier article on pre-employment health assessments, we continue to receive questions from employers seeking clarity on what is appropriate, lawful and proportionate. This short Q&A addresses the most common areas of confusion.
When should candidates be asked to disclose health information?
Under the Equality Act, employers must not ask health-related questions until a conditional offer of employment has been made, unless the question is directly related to an intrinsic requirement of the role. This restriction exists to reduce the risk of disability discrimination during recruitment.
Once a conditional offer is in place, health questions may be asked for legitimate purposes, such as determining fitness for work or identifying reasonable adjustments.
What health information can be requested?
Employers may ask health-related questions where they are necessary and relevant.
The focus should always be on capability, not diagnosis. Asking unnecessary or intrusive questions increases legal risk, and if a candidate is rejected, the burden of proof rests with the employer to show that the decision was based on functional impact rather than disability itself.
How should health information be used and stored?
Health information is classed as special category data and requires a higher standard of protection. Employers must be clear about why the data is being collected, how it will be used, and who will have access to it.
Health data should only be processed where a lawful condition applies, such as meeting health and safety obligations, complying with equality legislation, providing medical assessment through a qualified professional, or where explicit consent has been given. In all cases, storage and handling must be secure and proportionate.
Occupational health records must be kept separate from HR records, and access should be restricted to those with a legitimate need to know.
Who should receive the information?
Health information should be returned to occupational health professionals, not line managers or HR teams.
Where serious health and safety concerns exist, occupational health may appropriately share limited information with the employer. In these cases, occupational health professionals carry responsibility for assessing fitness for work and advising accordingly.
So who should be advising your process?
Pre-employment health screening should be led by occupational health, not HR. A proportionate, job-specific approach reduces cost, improves compliance and supports fair recruitment decisions. Blanket screening is rarely effective and often unnecessary.
Global OHS supports a structured, four-question screening approach at HR level, with referral to occupational health only where indicated. This ensures confidentiality, legal compliance and practical outcomes for both employer and employee.
Pre-employment guidance and legislation
GOV.UK – Equality Act: health questions during recruitment
SOM: Occupational Health Awareness Week 2025.
