How to comply with the duty to make reasonable adjustments during the recruitment process

Author: Janice Nairns

Summary

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• Recognise that there is a statutory duty under the Equality Act 2010 for employers to safeguard against discrimination on grounds of disability, and that this applies not only to existing employees but also to potential job applicants.
• View the recruitment process in its entirety, from advertising the position through to selection. At each stage, ensure that practices and policies do not discriminate against disabled applicants and consider any reasonable adjustments that may be required.
• Remember that the duty is to make adjustments that are reasonable. What is reasonable is dependent on factors such as the size of the business and the disruption likely to be caused by making the adjustment. It may not always be possible or reasonable to implement the necessary adjustments.
• Ensure that only qualifications and requirements that are relevant and necessary for the performance of the role are stipulated in the advertisement, person specification or job description.
• Establish whether or not an applicant requires any reasonable adjustments for the interview.
• Do not ask questions about a candidate's health or disability before offering them employment, unless this is for a reason allowed under s.60 of the Equality Act 2010.
• After making a conditional or unconditional job offer, discuss with the employee what, if any, reasonable adjustments they would require in relation to the work.
• Ensure that the consultation and decision-making process relating to any adjustments is adequately documented, preferably by means of standardised forms.
• If using a recruitment agency, ensure that the agency is aware of its duty to make reasonable adjustments.