Recruitment (Health & Functional Capability)
Policy statement / The Office of the Police and Crime Commissioner (OPCC) is committed to supporting the wellbeing of employees and to promote attendance at work at all times.
The policy outlines the approach for protecting the organisation from recruitment of new employees with unacceptable levels of sickness absence, and ensuring that employees who are recruited into the organisation are fit and able to perform the duties of the role they are applying for.
Safeguards will be put in place in order to ensure that this policy does not adversely impact on those with a protected characteristic under the Equality Act 2010.
Scope / The policy applies to all new (external) OPCC appointments.
How to use this document / This document is not part of the formal policy. Instead it provides additional information to help you in the practical day to day application of the policy.
It is expected that you will have read the
Recruitment (Health and Functional Capability) Policy prior to using this guide.
Content
What the law says 3
Key roles and responsibilities 5
Guidance at interview stage (internal and external applicants) 5
Guidance at conditional offer stage (for external applicants only) 5
Toolkit 7
What the law says
/ The Equality Act 2010 – prohibits discrimination in the workplace and in wider society by reducing inequality. This means that some individuals with a protected characteristic may be treated more favourably in order to achieve equality. The protected characteristics are; age, disability, gender re-assignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.Provisions in the Act prevent employers from asking job applicants questions about health and disability during the early stages of the recruitment process.
The provisions aim to ensure that disabled applicants are given the opportunity to have their ability to do the job in question properly assessed. They also aim to ensure that disabled people are not discouraged from applying for work because they will be asked questions about their health and disability on application forms.
The Equality Act 2010 defines a disabled person as ‘a person who has (or has had in the past) a physical or mental impairment which has a substantial long term adverse effect on their ability to carry out normal day-to-day activities’.
Under the Equality Act 2010 it is unlawful to ask any job applicant about their health or disability unless and until the applicant has received a conditional job offer.
There are, however, exceptions which permit employers to ask questions about disability or medical conditions at an earlier stage in certain circumstances, which include:
· establishing whether the applicant can take part in an assessment to determine their suitability for the job
· determining whether any reasonable adjustments need to be made to enable a disabled person to participate in an assessment during the recruitment process
· ascertaining whether a job applicant would be able to undertake a function that is intrinsic to the job
· monitoring diversity among job applicants
· supporting “positive action” in employment for disabled people e.g. the guaranteed interview scheme also known as the Two Ticks scheme
The Recruitment (Health & Functional Capability) Policy ensures that an appropriate assessment is undertaken when assessing an applicant’s suitability during the selection and pre-employment stage, without compromising their rights under the Equality Act 2010.
Key roles and responsibilities
/ The Recruiting Manager is responsible for;· making an informed decision on whether to proceed or withdraw a conditional offer of employment with the OPCC, based on relevant information (i.e. prior sickness absence information)
The applicant is responsible for;
· disclosing appropriate and accurate information during the appropriate stages of the selection process
The HR Advisor is responsible for;
· supporting the Recruiting Manager to make appropriate assessments at interview and conditional offer stage on whether to proceed to the next stage in the selection process or withdraw the offer
The Health and Wellbeing Service are responsible for;
· making an assessment based on information provided by the applicant on their completed Post Offer Medical Questionnaire
· providing clear and robust guidance to HR on their assessment
Guidance at interview stage (internal and external applicants)
/ Legally, it is unlawful to ask any job applicant questions about their health or disability unless and until the applicant has received a conditional job offer.If at any time the Recruiting Manager makes a decision based on the need to make reasonable adjustments in order for an individual to take up a role, this would be unlawful.
Further advice should always be obtained from HR.
Guidance at conditional offer stage (for external applicants only)
/ Where a candidate has been successful at interview and offered a role, it should be offered on a conditional basis. This means the offer is not ‘firm’ until all pre-employment checks have been completed.Meeting the health requirements for the job and having acceptable sickness absence levels are conditions of the job offer.
Once a preferred applicant has been identified, they will be asked to complete a Health Declaration Form or a Post Offer Medical Questionnaire. The completed information is used to assess their medical suitability to undertake the role which they have been offered.
As part of this process, all applicants will be asked for information relating to their previous sickness absence record. If the candidate has declared levels of sickness absence in excess of 11 days over three or more instances in the previous 12 month period, an assessment will be made by the Health and Wellbeing Service as to whether this sickness absence:
· is linked to a protected characteristic as set out in the Equality Act 2010
· is related to an underlying medical condition which is/will be resolved
· is not related to either of the above.
If the sickness absence can be linked to a protected characteristic under the Equality Act 2010, HR will be notified and appropriate decisions and actions will be agreed with the Recruiting Manager based on the information supplied by OHU and the OPCC’s obligations under the Equality Act 2010.
Scenario 1
If an applicant’s sickness absence record is related to a disability recognised under the Equality Act 2010, the Health and Wellbeing Service will advise on whether or not reasonable adjustments might be made to enable an individual to deliver the role effectively.
If such reasonable adjustments cannot be accommodated, the Recruiting Manager should seek further advice from HR in regard to whether or not to proceed with the job offer.
Scenario 2
If the sickness absence is related to an underlying condition which has now been resolved or will be resolved, medical clearance will be given.
Scenario 3
If the sickness absence is not linked to a protected characteristic under the Equality Act 2010 or related to an underlying condition which is/will be resolved, HR will be notified and will liaise with the Recruiting Manager who will normally be given the option of withdrawing the conditional offer.
Toolkit
/ · Recruitment (Health & Functional Capability) Policy· Process Flow for Recruitment Policy: Health & Functional Capability
· Reasonable Adjustments Policy
· Working Well in Hampshire Portal
Support / Managers:
Queries can be directed to the Integrated Business Centre.
How to guide
Governance
Hantsfile Reference: / 7628486Date of Publication: / V1 – November 2014
Review Date: / 3 years or sooner if required
Owner: / Integrated Business Centre
Manager’s How To Guide Recruitment Health & Functional Capability Policy / Page 7 of 7