Recruitment

To obtain further information on this subject or any other disability related topic please go to www.drc-gb.org

Discrimination in the recruitment of employees
 
it is unlawful for an employer to discriminate against a disabled person:
• in the arrangements made for determining who should be offered employment
• in the terms on which the disabled person is offered employment, or
• by refusing to offer, or deliberately not offering, the disabled person employment.
 
it is necessary to look at the various stages of the recruitment process, from specifying the job and advertising the vacancy, to the process of assessing candidates, interview and selection.

Recruiting the best person for the job
 
Before considering the recruitment process itself it should be noted that, although an employer must not discriminate against a disabled candidate, there is no requirement (aside from the duty to make reasonable adjustments) to treat a disabled person more favourably than it treats or would treat others, however, the Act does not prevent employers from treating disabled people more favourably than those who are not disabled.

An employer will have to assess an applicant’s merits as they would be if any reasonable adjustments required under the Act had been made. If, after allowing for those adjustments, a disabled person would not be the best person for the job, the employer does not have to recruit that person.
 
On the other hand, the Act does not prevent posts being advertised as open only to disabled applicants, or to an applicant being preferred for the job because of his disability.
 
A note about ‘arrangements’ for determining who should be offered employment
 
Although the statutory provisions specifically deal with recruitment in relation to employment as defined by the Act  the meaning of ‘arrangements’ – that is, arrangements for determining who should be offered employment – is wide.

Such arrangements are not confined to those which an employer makes in deciding who should be offered a specific job, but also include arrangements for deciding who should be offered employment more generally. Thus, for example, participation in a pre-employment training programme could be ‘an arrangement’ if its completion is a necessary step along the road to gaining an offer of employment.

Assistance with your recruitment needs

Deploy work in partnership with 70 disability organisations throughout South Yorkshire who support disabled people to, prepare for, and find work.
 
We will advertise your vacancies with these organisations, at no charge, and work with them to match the most suitable disabled candidates to your organisation and to your current vacancies.
 
As this is a free service we recommend that you forward your vacancies via email to enquiries@deploy.org.uk approximately two weeks before advertising anywhere else.
 
When we identify a suitable candidate for your position, if you prefer it, a work placement or work trial can be arranged before a permanent contract is agreed. It may also be possible to arrange for a support worker to accompany the candidate for an initial period to assist them to learn the job and become familiar with the environment.
 
At times disabled job seekers can access funded programmes to assist them to enter the job market such as Access to Work and Workstep. The available funding which enables a smooth transition into work is beneficial for both the job seeker and the employer.

For further information please contact us