Discrimination at recruitment stage

2017-06-27 Jennifer Renney-Butland posted:

A candidate with Asperger’s syndrome, Ms Brookes, was discriminated against by being required by GLS to sit a multiple choice test as part of a competitive recruitment process. The requirement to sit the test, and Ms Brookes’ failure to proceed to the next stage of the process due to an inadequate test result, amounted to indirect discrimination under the Equality Act, failure to comply with the duty to make reasonable adjustments and unfavourable treatment because of something arising in consequence of disability, according to the Employment Appeal Tribunal.

Indirect discrimination arose in this case because, although the employer treated all candidates the same, some aspect of that uniform treatment, ie the multiple choice test, affected one group of workers (those with Asperger’s syndrome) adversely compared to another.

While this case does not raise any new points of law it serves as a useful reminder to employers of their obligations towards disabled job applicants. Employers should in particular be alert and responsive to requests for reasonable adjustments to standardised recruitment processes.

If you require advice on your rights or obligations regarding recruitment do not hesitate to contact us at 01225 632240 or email info@renneyandco.com.

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