In the recent case of Government Legal Services v Brookes the Employment Appeal Tribunal (EAT) found that it was discriminatory for an employer to require a job applicant with Asperger’s to pass a multiple choice test.
The applicant’s condition caused her to lack the social imagination often required to answer multiple choice questions. So, she requested to be allowed to submit short narrative answers as an alternative. The employer refused to change the format of the test that was to be taken by all applicants and, as the applicant failed to achieve the required pass mark, she did not progress any further in the recruitment process.
The applicant was successful in her claim for disability discrimination on three grounds; indirect discrimination, failure to make reasonable adjustments and discrimination because of something arising in consequence of her disability.
Not only does this case serve as a reminder to employers that individuals have a right not to suffer discrimination even before the employment relationship starts, it also highlights the importance of tailoring the recruitment process to ensure it is inclusive for all potential applicants.
Here at Your HR Lawyer we specialise in advising employers throughout all stages of the employment lifecycle, including the recruitment process. So, if you are worried about getting the balance right between finding the best person for the job whilst not falling foul of discrimination legislation give us a call and find out how we can help.
By Laura Evans, Asscoiate Solictor at Your HR Lawyer.
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