FIRMS have been warned that quizzing potential employees about their health at a job interview could lead to legal action from next week.

The Equality Act 2010, most of which comes into force on October 1, includes the banning of pre-employment health questionnaires.

Discrimination on the grounds of age, disability, gender reassignment, marriage and civil partnerships, pregnancy and maternity, race, religion or belief, sex and sexual orientation are all covered by the Act.

Nick Poole of Latimer Hinks solicitors in Darlington said: “Questions about job candidates’ health are being banned with the Equality Act 2010, with the exception of those relating to such things as the ability to carry out a required function of the role.

“This part of the legislation also covers health-based questions in job applications or pre-employment references, and referral of candidates to occupational health.

“Ignoring this change will render employers liable to discrimination claims from unsuccessful candidates, so real care must be taken.”

There are also changes to how an employee can judge if they are being paid fairly.

Mr Poole said: “There is also a part of the Act which relates to equal pay.

“This alters existing law further in the favour of employees who feel they have been discriminated against.

“An employee currently needs to be able to highlight a ‘comparator’ of the opposite sex to be able to claim they are being paid less for equal work on the grounds of gender.

“From October 1, if no actual comparator exists, the employee can create a ‘hypothetical comparator’, or highlight a successor to a post.

“Secrecy clauses, or similar action to stop employees from discussing their own pay with colleagues, should they believe there to be discrimination, will also be banned under the Act.”

Although the new Act does not dramatically change the law it brings together in one place strands from a number of existing laws.

These include the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995 and rules preventing discrimination on grounds of religion, sexual orientation and age.