Recruitment and reasonable adjustments, what is the law?

Nick Singer

11 September 2018

Making reasonable adjustments during the recruitment process in relation to a disabled job applicant:

Key points

• Employers are under a duty to make reasonable adjustments to the recruitment process in specific circumstances, to eliminate the disadvantages to a disabled job applicant.

• The duty to make reasonable adjustments applies throughout the recruitment process, including in relation to job advertisements; the application process; interviews and assessments; and shortlisting and selection decisions.

• The employer should take the initiative to consider reasonable adjustments, but it may also need to consult candidates about whether or not any special arrangements need to be made in respect of an assessment process.

• You can ask if a candidate needs an adjustment to the recruitment process to allow them to be considered for the job, or you can wait to be told.

Video Transcript

Hello, my name's Mark Ferron MD of Castle Associates and as an employer do you have to provide reasonable adjustments during the recruitment process? Now, this is the question I put to employment barrister Nick Singer.

It's certainly good practice too, there is a balancing act to be had, one of the disability laws are quite hot on is, not forcing someone to reveal their disability. They actually found in research that is one of the biggest reasons why someone doesn't get a job, so there is very specific legislation which clarifies what an employer can actually and should actually ask. So it's very important to look at that legislation take legal rights if necessary. But it is good practice to check if someone needs a reasonable adjustment because you don't want to be and caught in a situation where you should have made a reasonable adjustment where you didn't but again it's important as well not to be forcing people to reveal their disability tricky balancing act certainly one to take legal advice.

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