The Equality and Human Rights Commission took action in respect of unlawful enquiries by a care agency.
The care agency’s job application asked about attendance at work and whether applicants had ever had certain health conditions. See Investigation finds care agency’s recruitment practices were unlawful (equalityhumanrights.com), May 2021.
Under s.60 EqA it is unlawful for employers to ask about health or disability before a conditional job offer, unless for a ‘permitted purpose’. If an employer makes enquiries in breach of s.60, the burden of proof shifts against the employer in a direct discrimination claim and/or the EHRC can take action.