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Questions you can be asked when applying for jobs

When people are recruiting staff, there are limits on the health or disability-related enquiries they can make during the recruitment process. These limits apply up to the point where you are offered a job or placed in a pool of people to be offered a job.

Before you are offered a job or placed in a pool of successful people, you can only be asked about your health or disability:

• to help the person recruiting to find out whether you can take part in an assessment
• to help them decide whether they need to make reasonable adjustments for you to a selection process, like an interview or test
• to help them decide whether you can carry out a task that is an essential part of the work
• to help them to monitor diversity among people applying for their jobs
• if they want to know you are disabled because they want to increase the number of disabled people they employ
• if they want to know you are disabled because it is a requirement of the job that you have a disability
• for the purposes of national security checks

You may be asked whether you have a health condition or disability on an application form or in an interview. You then need to think about whether the question is one that is allowed to be asked at that stage of recruitment.

What to do if the question is not allowed

If you're asked a question that you think is not allowed under the Equality Act 2010, you can tell the employer. Or you can tell the Equality and Human Rights Commission (EHRC). The EHRC can then carry out an investigation or take other appropriate action.

• Equality and Human Rights Commission - contacts

Questions you can be asked once you're offered a job

Once the person makes you an offer, which may depend upon you meeting certain health standards, they can make other enquiries about health or disability. For example, the person might need to know about your disability so they can decide whether reasonable adjustments would enable you to do the job.

Employers can also make enquiries if you are successful and placed in a pool to be offered a job when one becomes available.

However, the employer must not use information about your disability to discriminate against you because you are disabled.

If you're successful with your job application and you are then asked questions about health or disability, you should be honest in your answers. Remember, if you sign a false declaration saying you don’t have a disability when you are disabled, this may have negative consequences later on.

What to do if you think you've been treated unfairly

If you feel you've been treated unfairly in the recruitment process because of your disability, you can make a complaint to an Employment Tribunal. A complaint must be logged within three months of the date on which you were treated unfairly. The Employment Tribunal can:

• Disability discrimination at work

• Employment Tribunals - contacts

Employers with a commitment to employing disabled people

Many employers have equal opportunities policies. These organisations will have a certain commitment to recruiting and employing without discrimination. You should also look out for the Jobcentre Plus 'two ticks' disability symbol on job adverts. This symbol means that the employer has made a commitment to employing disabled people. Therefore, you are guaranteed a job interview if you meet the minimum criteria for the job. Asking whether you qualify for a guaranteed interview is one type of health enquiry that is permitted before a job offer is made.

Finding out more at Jobcentre Plus

If you're worried about declaring your disability and would like help, talk to your Jobcentre Plus Disability Employment Adviser. They can help you decide on the best way to explain your suitability for the job. Or, if you would find it helpful, they may contact the employer on your behalf.

• Find your local Jobcentre Plus Office Opens new window

• Disability Employment Advisers