Recruitment laws relating to disability 

Even though rights relating to disability forms part of the broader topic of equality and discrimination, this still warrants individual discussion. This is because employer’s are under a separate statutory duty to make reasonable adjustments, where appropriate, to any part of the recruitment and selection process to ensure that a disabled applicant is not substantially disadvantaged in comparison with those who are not disabled. Again, under the Equality Act 2010, this duty comprises the following three requirements:

• where any provision, criterion or practice puts a disabled applicant at a substantial disadvantage when compared with non-disabled applicants, to take reasonable steps to avoid that disadvantage
• where a physical feature in the workplace puts a disabled applicant at a substantial disadvantage when compared with non-disabled applicants, to take reasonable steps to avoid that disadvantage
• where a disabled applicant would, but for the provision of an auxiliary aid, be put at a substantial disadvantage when compared with non-disabled applicants, to take reasonable steps to provide that aid.

As such, the duty extends to both the way in which a vacancy is advertised and the way in which any assessments and/or interviews are carried out. For example, you may need to provide an advert in an accessible format for the blind, such as Braille or audio format. You may also need to provide a ramp to help facilitate access for wheelchair users, or to hold assessments days and interviews on the ground floor where there is no wheelchair access to upper floors. The EHRC’s Employment Statutory Code of Practice can again be useful here.