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Under the new Equality Act, it is unlawful for employers to ask questions about a candidate's health before an offer of employment is made, unless certain exemptions apply.
The most commonly used exemptions are likely to be where the questions are necessary to:
- determine whether adjustments need to be made at the interview stage to assist the candidate in the selection process
- ascertain whether the candidate will be able to carry out a function which is intrinsic to the role in question
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