Job applicants and reasonable adjustments

A legal requirement

Under the Equality Act 2010, it is unlawful to discriminate against someone because of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. These are called “protected characteristics”, and you are protected from discrimination on these grounds during employment but also when you are applying for jobs, in both the application and selection process.

What are reasonable adjustments?

If you have a physical or mental disability or a long-term health condition, reasonable adjustments are changes the employer should make to remove or reduce any disadvantages. This can take the form of modifications and adaptations to ensure that the employer provides the same opportunities for all, and this should apply from the initial application for the job, through to assessments and interviews during the recruitment process.

It is important to note that the prospective employer must know or have reasonably been expected to know that you have a disability for the duty to make reasonable adjustments to apply.

Reasonable adjustments will be based on what is reasonable

The adjustments are assessed on an individual basis. 

Factors to be considered by the employer:

• The employer needs to talk with you as it is essential to be clear on what is needed to reduce or remove the disadvantage.
• The adjustment needs to be practical to make.
• Any changes must be reasonably affordable.
• The changes should not impact the health and safety of others.

The cost to implement most adjustments is usually minimal, and government support like the Access to Work scheme can help cover structural or equipment costs in the workplace.

If the employer does not make reasonable adjustments for an applicant where necessary, then they could find themselves defending a tribunal claim.

Reasonable adjustments at the recruitment stage

There are a variety of adjustments that can be made at the recruitment stage including but not limited to:

1. Accepting applications in alternative formats (e.g., video, audio, or large print).
2. Allowing a support worker to help the candidate fill out forms.
3. Modifying strict deadlines if an impairment delays the application process.
4. Providing extra time for tests or to answer questions in interviews.
5. Altering interview formats by providing questions in advance or in a written format in the session.
6. Simplified direct questions, avoiding jargon or multi-layered questions.
7. Providing communication support such as a Sign Language interpreter, lip reader or support worker to help understanding.
8. Ensuring physical accessibility of the interview venue, ensuring wheelchair access, adjusting room lighting, or providing a quiet room for autistic candidates to collect their thoughts.

What should you do if you are disabled and want to apply for a job?

If you want to apply for a job and you believe you may need adjustments, you will need to inform the prospective employer about your disability and what adjustments you may need.

You are under no obligation to inform a prospective employer that you have a disability when you are applying for a job and may worry that disclosing this early could impact you negatively, however, unless an employer is informed of your disability, there is no duty on them to make reasonable adjustments.

If you are required to have an assessment or a test which you feel will put you at a disadvantage in comparison to other candidates because of your disability, inform the employer of this as early on as possible.

Think about any adaptations that can be made to the test or assessment that would assist you or if there is an alternative assessment method available that can identify whether you have the skill set required for the role. Discuss this with the employer.

It may help to ask your GP or specialist, if you are seeing one, for a letter or report explaining how the test or assessment or any aspect of it is unsuitable because of your disability and to suggest specific adjustments. Provide this information to your prospective employer in support of your request for reasonable adjustments.

If you are an employer, what can you do to make your application process and selection more accessible?

Think proactively about the process before you start, consider if it is accessible.

Provide alternative formats for applications or expressions of interest.

Ensure any online application forms are compatible with screen readers and provide large print versions.

Avoid unnecessary barriers by keeping application forms straightforward, avoid overly complex online systems.

Invite applicants to request adjustments at every stage of your process.

Most importantly ensure that any managers involved in the process are trained and understand the legal obligations and implications under the Equality Act.

If in doubt seek advice

If you are an employer and you are unsure what adjustments if any are needed, then you should seek advice.

If you are a candidate for a role and the employer is unwilling to make the adjustments requested, then you should seek advice.  

You can contact us for a free initial discussion on 01983 897003.