What are 'reasonable adjustments' in the recruitment process? (2024)

Employers have a statutory duty under the Equality Act 2010 (EqA 2010) to safeguard against discrimination on grounds of disability. This duty applies to both existing employees and job applicants. This article aims to act as a refresher on reasonable adjustments for job applicants in the light of the recent Employment Appeal Tribunal (EAT) decision in Mallon v AECOM Ltd UKEAT/0175/20/LA.

The law

Section 20 and Schedule 8 EqA 2010 impose a duty on employers to make reasonable adjustments to help disabled job applicants, employees and former employees in certain circ*mstances.

This duty will arise if a disabled person is placed at a significant disadvantage by:

  • an employer's provision, criterion or practice (PCP);
  • a physical feature of the employer's premises; or
  • an employer's failure to provide an auxiliary aid.

The Equality and Human Rights Commission Employment Statutory Code of Practice (the EHRC Code), which Tribunals must take into account if it appears relevant, contains a non-exhaustive list of potential adjustments that employers might be required to make.

What are 'reasonable adjustments' in the recruitment process?

Employers should ask all job applicants if they need reasonable adjustments for any part of the recruitment process. For clarity, the recruitment process includes advertising the position right through to selection and job offers.

The employer must consider making reasonable adjustments for the recruitment process if the:

  • job applicant asks for reasonable adjustments;
  • job applicant says they have a disability; or
  • employer knows, or could be expected to know, of the disability.

Examples of reasonable adjustments during the recruitment process include:

  • being prepared to provide a job advertisem*nt/application forms in a different format if required. For example, providing an application form in Braille for a visually impaired candidate;
  • making changes to the location of the interview. For example, holding an interview on the ground floor to enable wheelchair access or to dim down the lights for someone with epilepsy; and
  • providing alternative formats of assessment test papers. For example in audio, Braille or large print versions. Alternatively, employers could allow the candidate to present their answers using an alternative method, such as verbally rather than in writing.

However, there are limits as to what will be deemed reasonable during the recruitment process, although this will be fact specific. For example, withdrawing a job offer may be justified where the cost of the reasonable adjustments would be exceptionally high and prohibitive.

Ultimately, it is for an Employment Tribunal (ET) to objectively determine whether a particularadjustmentwould have beenreasonable in the circ*mstances.

Factors that could be taken into account when deciding if an adjustment is reasonable include:

  • whether or not making the adjustment would be effective in preventing the disadvantage;
  • the practicability of making the adjustment;
  • the costs;
  • the extent of any disruption caused;
  • the extent of the employer’s financial or other resources; and
  • the type and size of the employer.

Case Law Update: Mallon v AECOM Ltd

The Claimant, who has dyspraxia, brought a claim of disability discrimination against the Respondent for failure to make reasonable adjustments to its job application process. He contended that the Respondent applied a PCP by requiring submission of an online application form, which put him at a substantial disadvantage in comparison with a person who is not disabled.

ET Decision

The Respondent sought a strike out or deposit order. The claim was indeed struck out on the basis that the Claimant would not be able to establish that the application of the PCP placed him at a substantial disadvantage (i.e. more than minor or trivial) in comparison with people who are not disabled.

The Claimant appealed.

EAT Decision

The EAT held that the ET had erred in striking out the claim. The EAT noted the importance of considering, in reasonable adjustment claims, the possibility that the case is about physical features (including furniture) or auxiliary aids (including services). No consideration was given to whether this case should be analysed as an auxiliary service claim.

The EAT also commented that, on the material that was before the ET and the ET's analysis of the arguments advanced before them, it could not properly be said that the claim had no reasonable prospect of success. Accordingly, the EAT upheld the Claimant's appeal and remitted the case to a freshly constituted ET.

What this means for employers

In this case, the EAT was critical of the decision to strike out which must only be used "in the most obvious and plain cases" and rarely with discrimination. The Claimant had brought over 30 similar claims, 29 of which he had withdrawn and three of which he had lost (one with costs). It is suspected that this heavily influenced the ET Judge confronted with a strike out application. Nevertheless, this case should act as a timely reminder for employers of their duties from the outset of the recruitment process, particularly as workforces have been more mobile than ever, since the impact of Covid-19.

If you haven't already, it may be worthwhile considering using standard forms to document the consultation and decision-making process relating to any adjustments. If using a recruitment agency, ensure that the agency is aware of its duty to make reasonable adjustments.

This article is for information purposes only and is not a substitute for legal advice and should not be relied upon as such. Please contactEmily Edwardsto discuss any issues you are facing.

What are 'reasonable adjustments' in the recruitment process? (2024)

FAQs

What is reasonable adjustment in recruitment? ›

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. You must make adjustments if they're reasonable, for example allowing: wheelchair users to have their interview on the ground floor.

Do you require reasonable adjustments as part of the recruitment process? ›

All employers must consider making reasonable adjustments to the recruitment process if you ask for them. Employers are looking to recruit the best talent in the sector and will want you to be able to showcase your full potential.

What are reasonable adjustments examples? ›

Examples of reasonable adjustments
  • changing the lighting above someone's desk or workstation.
  • changing the layout of a work area or the entrance to a building.
  • providing an accessible car parking space.
  • holding a job interview in a room that's accessible for someone who uses a wheelchair.
1 Nov 2022

Do you require reasonable adjustments to be made to the recruitment process due to a particular pre existing condition or circ*mstance? ›

The employer must consider making reasonable adjustments for the recruitment process if the: job applicant asks for reasonable adjustments; job applicant says they have a disability; or. employer knows, or could be expected to know, of the disability.

What are 3 key principles that must be followed when making a reasonable adjustment? ›

Practices that facilitate making a reasonable adjustment include: • encouraging learner disclosure of disability • gathering relevant supporting information (evidence of need) • consulting with the learner, and/or their associate where applicable.

What are 3 ways in which you can make reasonable adjustments that facilitate participation by people with a disability? ›

Common workplace adjustments

providing flexible working hours, such as working part-time or starting and finishing later. moving a person with disability to a different office, or site closer to their home or onto the ground floor, or allowing them to work from home.

When should an employer make reasonable adjustments? ›

Employers must make reasonable adjustments to make sure workers with disabilities, or physical or mental health conditions, are not substantially disadvantaged when doing their jobs. This applies to all workers, including trainees, apprentices, contract workers and business partners.

What adjustments can be made at work for someone? ›

  • Take a flexible approach to working hours.
  • Provide the option to work from home.
  • Manage work volume.
  • Consider the physical working environment.
  • Provide increased supervision.
  • Increase support from other members of staff.
  • Offer training.
  • Create a compassionate culture.

When should you make reasonable adjustments? ›

The Equality Act says there's a duty to make reasonable adjustments if you're placed at a substantial disadvantage because of your disability compared with non-disabled people or people who don't share your disability. Substantial means more than minor or trivial.

What are ethical and legal considerations in the recruitment process? ›

Ethical considerations are slightly different compared to legal ones in that they include elements that are not required by law but when implemented they ensure that the process is fair, even if legal action could not be taken.

How to answer should you need accommodations in your recruiting process? ›

explain why accommodation is required, so that needs are known. make his or her needs known to the best of his or her ability, preferably in writing. answer questions or provide information about relevant restrictions or limitations, including information from health care professionals, where appropriate and as needed.

What are the 6 factors affecting recruitment efforts? ›

  • Supply and Demand. The availability of manpower both within and outside the organization is an important determinant in the recruitment process. ...
  • Labour Market. ...
  • Goodwill / Image of the organization. ...
  • Political-Social- Legal Environment. ...
  • Unemployment Rate. ...
  • Competitors.
21 Dec 2015

What are the common errors in recruitment? ›

Key Points
  • Not creating an accurate job description.
  • Failing to consider recruiting from within.
  • Relying too much on the interview.
  • Using unconscious bias.
  • Hiring people less qualified than you.
  • Rejecting an overqualified candidate.
  • Waiting for the perfect candidate.
  • Rushing the hire.

What are three 3 adjustments that could be made in the workplace to accommodate a worker with mobility impairment? ›

Examples of workplace adjustments

Information in accessible formats, such as audio files, larger print or braille. Additional workplace equipment and facilities such as ramps and adapted office furniture or equipment. Access to Auslan interpreters. Access to on-the-job training, mentoring, supervision or support.

What is not reasonable adjustment? ›

A failure to make reasonable adjustments refers to a breach of the employer's duty to ensure that workers and applicants are not substantially disadvantaged in carrying out or applying for a job because of a disability when compared with people who do not have a disability.

What does reasonable adjustment mean and can you give an example relevant to your workplace? ›

Your employer might have to make adjustments to help you do your job as well as someone without a disability. The Equality Act 2010 calls these 'reasonable adjustments'. They can be changes to policies, working practices or physical layouts, or providing extra equipment or support.

What is the 5 best practices for recruitment process? ›

5 Best Practices to Improve Your Recruitment Process
  • 1) Monitor Job Posting Performance. ...
  • 2) Make the Job More Attractive. ...
  • 3) Make the Application Simpler. ...
  • 4) Don't Blow the Interview. ...
  • 5) Invest in Onboarding.

What are five 5 recommendations for good hiring practices? ›

The 5 Hiring Best Practices You Need to Start Using Now
  • Create a strategy before you start the process. Before you start hiring, you need a strategy. ...
  • Define the role but leave some flexibility. ...
  • Customize your pipeline stages. ...
  • Always be recruiting. ...
  • Focus on the candidate experience.
18 May 2022

How does the Equality Act apply to recruitment and selection? ›

Under the Equality Act 2010 it is unlawful, except in certain circ*mstances, for employers to ask about a candidate's health. In the recruitment process, it is unlawful for an employer to discriminate against a disabled person: in the arrangements made for determining who should be offered employment.

What is discrimination in recruitment and selection? ›

Discrimination in recruitment and selection is where an applicant is treated unfairly because of a particular protected characteristic.

Why are reasonable adjustments important? ›

Workplace adjustments can make an organisation a more attractive place to work and can contribute to the development of inclusive working environments and cultures by: Helping disabled staff to feel more valued and supported in their work and in working towards their career aspirations.

What things would be included in workplace adjustments for employees with a disability? ›

Examples of adjustments include changes to work premises, changes to work schedules, modifying equipment or providing training. Example: An employer obtained a larger computer screen and zooming software to allow a clerical worker with vision impairment to perform word processing tasks.

When can an employer refuse reasonable adjustments? ›

An organisation or employer may legally refuse an adjustment if it was too expensive or would disrupt other people or the business. This is not discrimination. Refusing to make an adjustment that is cheap and easy to implement could be discrimination.

Who is responsible for identifying reasonable adjustments? ›

An employer is required to carefully consider what provision, criteria or practice is causing the disadvantage as this will identify and determine any adjustment that needs to be made (3).

Do you require any reasonable adjustments to be made should you be invited to interview? ›

You have the right to ask for changes to job interviews and tests. A good interview and test should assess the skills for the job. It should not put you at a disadvantage because of your impairment. If it can be changed so that being disabled does not put you at a disadvantage, then this is a reasonable adjustment.

What are some examples of reasonable adjustments? ›

Examples of reasonable adjustments
  • changing the lighting above someone's desk or workstation.
  • changing the layout of a work area or the entrance to a building.
  • providing an accessible car parking space.
  • holding a job interview in a room that's accessible for someone who uses a wheelchair.
1 Nov 2022

Which could be an example of a reasonable adjustment? ›

For example:

A disabled worker who is paid purely on their output needs frequent short additional breaks during their working day – something their employer agrees to as a reasonable adjustment.

What are reasonable changes to an employees role? ›

Reasonable changes to an employee's role

A change to staff duties must be considered 'reasonable' within the scope of their position. If the change is too drastic and 'unreasonable', it could be seen as a redundancy or termination. Reasonable changes are usually those that don't alter the essential position.

What are reasonable interview adjustments? ›

Examples of reasonable adjustments during the recruitment process include: being prepared to provide a job advertisem*nt/application forms in a different format if required. For example, providing an application form in Braille for a visually impaired candidate; making changes to the location of the interview.

What might we mean by reasonable adjustments? ›

Reasonable adjustments are any form of assistance or adjustment that is necessary, possible and reasonable to reduce or eliminate barriers at work. In order to make reasonable adjustments for a worker, the inherent requirements of the job need to be understood.

What are the 4 major considerations of hiring decisions? ›

Consider these four factors that can dramatically affect who you hire.
...
Be sure to consider these four factors when hiring your next employee.
  • Quantity of your candidate pool. ...
  • Quality of your candidate pool. ...
  • Urgency to fill the role. ...
  • Investment required for the new hire.

What are the 5 ethical considerations? ›

Ethical considerations during evaluation include:
  • Informed consent.
  • Voluntary participation.
  • Do no harm.
  • Confidentiality.
  • Anonymity.
  • Only assess relevant components.

What are accommodations in recruitment process? ›

When you consider applicants' qualifications, consider their ability to perform essential job functions, with any needed reasonable accommodation. A reasonable accommodation is any alteration in the work environment or the way things are usually done that makes it possible for a person with a disability to do the job.

What are accommodations in recruitment? ›

A job accommodation is an adjustment to a job or work environment that makes it possible for an individual with a disability to perform their job duties. Accommodations may include specialized equipment, modifications to the work environment or adjustments to work schedules or responsibilities.

What is reasonable accommodation in HR? ›

A reasonable accommodation is a modification or adjustment to a job, employment practice, or work environment which enables a qualified individual with a disability to enjoy equal employment opportunity.

What does reasonable adjustment mean? ›

What are reasonable adjustments? Reasonable adjustments are changes that organisations and people providing services or public functions have to make for you if your disability puts you at a disadvantage compared with others who are not disabled. They have an anticipatory duty to make these reasonable adjustments.

Who pays for reasonable adjustments? ›

If something is a reasonable adjustment, your employer must pay for it. The cost of an adjustment can be taken into account in deciding if it is reasonable or not. However, there is a government scheme called Access to Work which can help you if your health or disability affect your work.

What is the reasonable adjustment duty? ›

What is the reasonable adjustments duty? You are required to take reasonable steps to: Avoid substantial disadvantage where a provision, criterion or practice puts disabled students at a substantial disadvantage.

What reasonable adjustments can be made for individuals with autism interview? ›

Provide a quiet, calm space for the interview

Many autistic people have sensory processing differences and need the right environment to process information. If there's any sudden sensory disturbances (loud banging etc) during the interview you may need to take account of this if it disturbs the candidate.

How long do employers have reasonable adjustments? ›

If an employer fails to comply with its duty to make reasonable adjustments, it discriminates against its disabled employee, and opens itself to a claim. Usually, the time limit to bring a claim is three months from the date of the act to which the complaint relates.

What does reasonable adjustment allow a person to achieve in the workplace? ›

Also referred to as 'reasonable adjustments', a workplace adjustment is a modification to a work process, practice, procedure or setting that enables an employee with disability to perform their job in a way that minimises the impact of their disability.

What is failure to make reasonable adjustments? ›

If someone doesn't cooperate with their duty to make reasonable adjustments, the Equality Act says it's unlawful discrimination. You can ask the person or organisation to make the necessary changes. If they refuse, you can make a discrimination claim under the Equality Act.

Can an employer justify not making a reasonable adjustment? ›

An employer cannot justify any failure to make a reasonable adjustment, but what is classed as 'reasonable' will depend on the facts of each case. This could include the cost involved of making any adjustments and the extent of any resources available to the employer.

Can a reasonable adjustment be refused? ›

A failure to make reasonable adjustments is a form of disability discrimination. However, an employer can refuse to make specific adjustments if it would not be reasonable for them to do so.

What are three examples of reasonable adjustments that a business may make to allow a person with disability to access its products and services? ›

moving furniture, widening a doorway or providing a ramp so that a person using a wheelchair or other mobility aid can get around comfortably and safely. redistributing to other team members some minor duties (ie not inherent requirements of a job) that a person with disability finds difficult to do.

Do I need a diagnosis to request reasonable adjustments? ›

Whilst you certainly can ask for adjustments to be made you need to be prepared for what might happen if your prospective employer pushes back, asks for further evidence or declines your request. (See also the previous Q&A about providing evidence of your autism.)

What are the significant challenges for autistic people in a job interview? ›

Why an autistic person might find it difficult to be interviewed. Many autistic people experience language and social communication issues, which might make it challenging to obtain the relevant information from them. They might find it difficult to: consider others' perspectives, or what another person is thinking.

Should I mention my autism in job interview? ›

Under the Americans with Disabilities Act (ADA), job applicants, interviewees, or employees never have to disclose a disability until an accommodation is needed (EEOC, 2002). If no accommodation is needed for the application or interview process, then there is no need to disclose the disability.

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