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What can I ask, concerning disability, during the recruitment process?

by WorkFA

Under the Equality Act 2010 reasonable adjustments apply to the recruitment process in addition to the rest of the employment lifecycle.

During the application process, it is against the law for an employer to ask a candidate if they are disabled. But, the employer should ask all applicants if they require reasonable adjustments.

  • If an assessment is a part of the recruitment process, ask if a candidate requires any reasonable adjustments in order to be able to take the test.

  • On inviting a candidate for interview, enquire if a candidate needs any adjustments for the interview.

If an employer would like to offer an applicant a job they can, additionally, enquire:

  • If, taking into account any reasonable adjustments, a candidate will be able to carry out a job. This could be in relation to the intrinsic functions required to do the job; health, physical fitness or necessary physical capabilities for example; but there must be a legitimate reason for this requirement, for instance, where the job role may require moving heavy equipment manually.

The rare exception, where an employer is able to enquire about an impairment or health condition, is where a specific impairment or health condition is required for the job role. An example being, a charitable organisation that provides services to people with HIV or AIDS requiring that applicants for counsellor roles be HIV positive.

After making a job offer to a candidate, an employer

  • can make the job offer conditional on passing an occupational health test. If a disability prevents them from being able to do the job, and reasonable adjustments cannot be made, they can withdraw their offer.

Employers can collect information on disability for diversity monitoring.

  1. Section 60, Equality Act 2010

  2. Reasonable adjustments, ACAS

Written by

WorkFA

We're on a mission to make workplaces work for all. HR and Line Managers use our disability HR software to meet the compliance and legal requirements for their disabled employees.