Embedded Files
Joining Discount for May & June
Productions may ask you to fill out a form called, or resembling, a Health Declaration that will form part of the insurance liability risk. While we accept that insurance companies need to know this information, there are certain legal implications.
Under section 60 of the Equality Act 2010, any pre-employment health questionnaire is unlawful, except in very limited circumstances.
A job offer should be made before the worker is asked to complete the Health Declaration
If an issue is identified, employers must make reasonable adjustments to make sure workers with disabilities, or physical or mental health conditions, aren’t substantially disadvantaged when doing their job. This applies to all workers, including trainees, apprentices, contract workers and business partners.
If the job offer was subsequently withdrawn following the completion of health questions, the worker may be able to argue that the decision was disability discrimination.
However much of this depends on how the information is used and what it is for.
There should be guarantees that employers and insurers will keep the workers information secure and not use it for any other purposes.
Examples of Questions you may be asked
How old are you?
What is your Nationality?
Are you in good general health?
Do you take regular medication?
Do you suffer from a recurring medical condition?
Can you produce a medical certificate, if required?
Has your health over the last XX years prevented you from working?
Were you responsible for the interruption or cancellation of a production in the last XX years?
Are you Pregnant?
Do you have Prostate issues?
Do you have issues with Alcohol or substance abuse?
Do you have an STI?
In Bectu's view, many of these questions are very intrusive and excessive, even for the purposes of insurance
Note, the actual questions may differ depending on production, insurance company or grade
BECTU have produced a Briefing Guide on Intrusive Health Questionnaires
Download at the link Below
If you are asked to sign any waivers or Health Questionnaires, or have additional clauses added to your contracts, BECTU need to know in order to approach employers, More at the link below:
BECTU need to hear of any additional waivers, changes to agreements or health questionnaires that you are being asked to sign as extra conditions to your employment
Resources
Section 60 Equality Act 2010
Section 60 deals specifically with enquiries about disability and health, and is just one small part of the full legislation ser out under the Equality Act 2010 - see below
UK Legislation - Equality Act 2010
This is the LAW that protects workers from being looked over or dismissed due to age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; sexual orientation.
Citizens Advice - Equality Rights
It may be the case that additional Covid related questions may be added to the Declaration form, but this does not change the legal process...
Offer of work
Health Form
If you have any reservations about filling out the health form production gives you, or have experience of being offered work on the return of a completed health Declaration, we would like to hear from you
Google Sites
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