Discriminations Laws in the UK extend responsibility to Employers towards disabled applicants.
The duty not to discriminate is prevalent at each stage of the process and includes Advert for recruitment, the interview process and the decision process to offer the position.
It is unlawful under the Equality Act to ask the Applicant about their health or disabilities. However, there are exceptions to this and Employers can ask if there are adjustments which need to be made for the interview process. This may be accessibility of the room or maybe longer period to allow for dyslexic applicants to undertake a written test.
Only after an Employer has been offered the position can they ask for a medical to access the ability of the Applicant to be able undertake the duties required of the employment position. Such offer of Employment should be based on the condition of successfully being medically accessed of being able to meet the Employment duties criteria. The position may require night work, lone working or strenuous work and if the applicant does not meet the criteria due to medical reasons the Employer may be able to withdraw the Employment offer. But first reasonable adjustments should be considered.
To consider reasonable adjustments the Employer should consult firstly with the successful Applicant and consult on what may be required to help the applicant to fulfil the role. Employers may need the assistance of professional experts such as Occupational Therapist, Health and Safety Advisers or maybe their Legal Representative.
The Equality Act tells us that considerations for denying making reasonable adjusts could be factors such as cost, practicality of implementation of the reasonable adjustment and the adjustments effectiveness.
Employers if you require guidance contact Salena Dawson on 01953 883535. Onsite advice is available and reasonable retainment packages for small businesses which give peace of mind at affordable prices. City Expertise, Locally.
If you are an applicant wo believes they have been discriminated against telephone for a free initial appointment. No Win No Fee may be available thereafter.