Buzzing About HR
Buzzing About HR by https://www.kateunderwoodhr.co.uk is the go-to podcast for anyone looking to make their workplace better. Hosted by HR expert Kate Underwood, each episode dives into the latest HR trends, essential tools, and practical strategies to help businesses of all sizes navigate the ever-evolving world of work. From improving employee engagement to tackling real-world HR challenges, Kate shares actionable advice you can implement right away. Whether you're an HR professional, a business owner, or someone passionate about people, this podcast will keep you ahead of the curve and buzzing with ideas to drive success in your workplace.
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Buzzing About HR
Build a Workplace Where Everyone Thrives Without Getting Stung
Ever had that gut-dropping moment when you realize a seemingly innocent question might land you in legal hot water? That's exactly what happened to me when I casually asked a new warehouse manager about old sports injuries – and suddenly found myself facing a potential tribunal.
Post-offer medical assessments are a compliance tightrope that many UK employers wobble across without proper training. Section 60 of the Equality Act 2010 creates a clear boundary: health questions before job offers are prohibited, but afterwards, they're permitted within specific parameters. Get it wrong, and you could face uncapped discrimination payouts – like the eye-watering £96,000 awarded in the 2024 Brook v Silverbeam Marketing case over inappropriate questions about bathroom breaks.
This episode walks you through creating bulletproof post-offer health questionnaires that gather necessary information without crossing legal lines. Learn when to involve occupational health professionals, how to decode their recommendations, and implement reasonable adjustments that genuinely work. We explode common myths (60% of adjustments cost under £500!) and provide real-world examples across various conditions and roles – from text-to-speech software for dyslexic admin assistants to guaranteed lunch slots for baristas with Type 1 diabetes.
Health information falls under special category GDPR data, requiring Fort Knox-level protection and minimal sharing. I'll guide you through the entire process from questionnaire design to secure storage, explaining who needs access and for how long. Plus, don't miss our rapid-fire Q&A addressing everything from rescinding offers to apprentice rights.
Ready to build a workplace where everyone can thrive without risking costly legal claims? Subscribe now and leave a review to help other HR heroes discover these compliance life-hacks!
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Until next time, keep buzzing and take care of your people!
So picture this you finally snag the perfect warehouse manager. You shake on a salary you're already ordering welcome doughnuts, creme filled naturally, and then out pops. By the way, any old sports injuries I should know about Lesson Yep, that gem of a manager I worked with. One rogue health question and boom tribunal doom on the horizon, legal bills scarier than my first tax return. But never fear, today we're strapping on the compliance jetpack so you don't repeat my rookie move. We're diving into post-offer medicals. Gdpr, gremlins, reasonable adjustments and, yes, there will be some really bad jokes.
Speaker 1:Hello you fabulous lot and welcome to Buzzing About HR, the podcast that helps UK SMEs and low-morph HR heroes dodge legal stings without losing their sense of humour. Dodge legal stings without losing their sense of humour. I'm Kate Underwood, resident HR Queen Bee, chocolate digestive enthusiast and professional wearer of many metaphorical hard hats. Quick buzzness before we get the legal party started, smash that subscribe button so my dulcet tones grace your headphones every week. Feeling generous, a five-star review keeps our hive in honey, and by honey I obviously mean ranking in podcast charts. Fire your dilemmas to podcast at kateunderwoodhrcouk for the hive mind. Q a. No question too weird. We've heard it all, including can I pay my staff in cake answer technically, yes, but hmrc cries. Unless you've added the vat part one, the legal lowdown, rado, let's nerd out.
Speaker 1:On section 60 of the equality act 2010, 2010,. The Beyonce of today's show Employers must not ask about an applicant's health or disability before making a job offer. Drop mic End podcast Meta. What is secri? What three? Okay, not quite, but that single line has saved more tribunals than I've had flat whites. Why Section 60 exists Back in the day, think mullets and dial-up Disabled applicants were quietly binned before interview. Section 60 flings a massive nope at that nonsense. So the best human wins, not the bendiest spine. The wallet ouch factor. Disability Discrimination Awards are uncapped Picture 2024's Brook v Silverbeam marketing £96,000 payout because a hiring manager asked about loo breaks at phone screen £96,000. That's a lot of branded mugs. The exceptions, because no employment law could be without them. No employment law could be without them.
Speaker 1:Once you've made a conditional offer, you can poke around health-wise only to just check. They can do the essential tasks operating that forklift, hitting those KPIs. Work out reasonable adjustments. We love adjustments. Tick any legal boxes. Hsc, night worker checks, havs, dvla, group 2 medicals.
Speaker 1:Collect diversity stits, anonymized and kicked away from the decision table like a naughty puppy. Gdpr for humans, not robots. Hashtag health info is special category Translation, lawful basis, usually legal obligation, which ironically makes GDPR your new BFF. Data minimization. Ask only what you defend. On the one show they charge, you see, storage, think Fort Knox Equipment, equipment Locked folders, laser eye sharks Optional. In other words, guard it like Beyonce's digits. Only the chosen few get a peek, and definitely not on a post-it in reception. Case law flash. Sorry, I promise it won't take too long. Archibald versus Fife Council. House of Lords said yes, you must consider moving someone into a new role if that's the adjustment.
Speaker 1:Moral Redeployment isn't a dirty word. Part two building a bulletproof post-offer questionnaire. Time to build a form that dazzles the EHRC and won't make your shiny new starter run for the hills. Anatomy checklist Pover note, while you're being nosy, how long data stays alive. Who gets to peak? Plain English questions, no Latin, no jargon. No, have you ever suffered from lumbago? Honestly, that is going to be the number one search in Google today. Triage layout Go broad, then laser specific, like Netflix recommendations, but less weird. Consent tick box Permissioned for OH referrals and future GP requests. Declaration I promise I'm telling the truth. Scouts honour Lifeform walkthrough Any health condition that might wobble your ability to do this gig safely or well?
Speaker 1:Do you take meds that could make heavy machinery feel like a roller coaster? Any kit software or nifty hacks you need to smash your core duties. Red lines Still no probing for previous sick days. That's like asking someone's weight on a first date. Just don't Top five S&E facepalm moments. Copy pasting NHS hospital forms, doctor who wouldn't recognise half those conditions, demanding a GP letter on day one. Relax, dr Google. Dreaded stress, yes, no, as useful as a chocolate teapot. Be specific Blank essay boxes.
Speaker 1:Invites, war and peace, confessions and breaches. Minimisation, no accessible format. If your form looks like Times New Roman. Eight points, you owe your candidates an apology and a magnifying glass. And if you don't want to do numbers one to five, even better. Hand the whole shebang to an occupational health wizard and skip the gory Veruca.
Speaker 1:On the right foot confessions altogether, or on the right foot, confessions altogether, part three. Time to phone a friend, aka occupational health. When to hit? Send two minutes, spot a health question you can't decode or an answer that sets off the risk klaxon Ping, oh, faster than you can say. Risk assessment one day.
Speaker 1:Early referral equals fewer migraines. Later picking an oh provider like michelin stars, but for workplace medics. Sme friendly equals, pay as you go. Remotes, no gold-plated retainers, sla matters. Five-day turnaround keeps onboarding smoother than a baby otter. Referral in three quick steps Film management referral, job duties worries, worries.
Speaker 1:Specific cues, ons. Get employee consent. Gdpr fairy is watching. Receive oh opinion. Not a blood test printout, just the actionable bits. Decoding the doctor. Speak Fit with restrictions equals. Give them tools. Time support, phased return equals slowly. Ramp hours Review in three months. Set a calendar reminder before Netflix distracts you.
Speaker 1:Part four reasonable adjustments roadshow Backalyn. Five speedy case studies with more twists than a soap finale. Dyslexia admin assistant Fix text-to-speech software and tinted overlays. Cost £180. Results, results fewer typos, zero tribunals, lots of happy spreadsheets. Hypertension forklift driver fix 10-minute breaks on scorches, annual blood pressure check, chronic back pain. Sales rep fix ergonomic car seat plus 250 mile daily cap bonus. Fewer service station sausage rolls. Type 1 diabetes barista fix fridge for insulin, guaranteed lunch slot. Nobody wants a hypo with their flat white generalized anxiety. Graphic designer fix noise cancelling headphones plus two wfh days. Creativity up cortisol down Bee fact break A honeybee flaps 11,400 times a minute. The only thing faster is HR trying to keep up with new changes in employment law.
Speaker 1:Part 5. Mythbuster Rodeo Myth Reality in employment law, part five. Myth buster, rodeo myth, reality. No sugar coating. I can ask for sickness history it's factual. Nope, pre-offer it's illegal. Post offer. Ask for impact, not numbers. Hash if they can't lift 25 kg, bin the offer, try aids. First, trolleys team lifts, smarty pants, engineering and gp letters. Trump, oh, dot, dot, dot, oh hi looks at work context and trumps most things. Adjustments cost a bum. 60 are under 500 pounds. Access to work throws money at you. We're too tiny for tribunals. Size to make equal shield. Ask the two-person cafe that paid £40,000.
Speaker 1:Part 6. Buzz list takeaways. Stick these seven nuggets on a post-it above your screen. Health questions after a conditional offer. Keep them.
Speaker 1:Job specific. Structured form equals sane data. Store health info in Fort Knox, not Dropbox. Shared with everyone Early often Actionally advice Adjustments are not shelf day call Recheck. Adjustments at probation. Employees are not static sofas.
Speaker 1:Part seven quickfire compliance quiz Pens ready. Pride on the line. True or false. You can email the completed health questionnaire to the line manager.
Speaker 1:False need to know only Night workers must get free health assessments every year. Must get free health assessments every year. True. Access to work only funds. In-work adjustments, not pre-start False. Apply once the offer's out.
Speaker 1:Ehrc can hand out on the spot on limited fines. Fine EHRC to hand out on the false tribunals. Do the wallet slap? Score five. Treat yourself to a caramel latte. Score under three. Replay this episode on 1.2 times speed. I sound hilarious.
Speaker 1:Part eight Hive mind. Q&a your questions, my questionable answers. Q1 can I rescind the offer if oh says unfit and adjustments cost a fortune? Answer cost alone isn't a get out of jail card price. It. Look at access to work funding. Decide if it's disproportionate Document like, your life depends on it. Q2. Do I need a GP report as well? Answer OH usually does the trick. If you do want Dr GP, get written consent and remember employees can preview the letter per AMRA.
Speaker 1:Q3. Candidate fibbed on the form. Now what Answer? Investigate calmly. If dishonesty is proven and material, you may pull the offer. But follow a fair process or karma and a judge will bite.
Speaker 1:Q4. How long to keep questionnaires? Answer six years Longer, only if regs demand Medical surveillance equals 40 years. Question five Q5. Can I ask about sickness absence history? Answer Pre-offer, nope, post offer. Ask about future impact, not historic days in bed. Q6. Do apprentices count for Equality Act bits? Answer oh, absolutely, they're not. Wizard school interns. Same rights apply. P7. Who foots the bill for medicals? Answer you do. Charging candidates is basically daylight robbery. End of com. Q8. Can I keep paper copies instead of digital? Answer sure, but lock them up tighter than your holiday wine stash and consider scanning SecureShred for eco-brownie points day wine stash and consider scanning secure shred for eco brownie points and just like that, you're a post-offer medical maestro. If today saved you a migraine or, hey, a cheeky 96k payout, buzz over to apple podcasts, drop a five-star review and share with a pal who still writes fit as a fiddle on application forms. Remember, compliance isn't about ticking boxes. It's about building a hive where everybody can thrive and nobody sues you. Until next time, stay compliant, stay kind and keep buzzing.
