Multiple choice questions – making reasonable adjustments
If you are recruiting new employees, or indeed have a selection process for internal candidates, you need to make sure that you consider any adjustments that are requested to accommodate any disabilities declared. This was highlighted in the recent Employment Appeal Tribunal (EAT) case of Government Legal services v Brookes. Ms Brookes, who had Asperger’s syndrome, had requested that instead of a multiple choice test answers being given as A,B, C or D etc. that she be given the opportunity to take the test in a different format.
The EAT found in her favour saying that there had been unlawful disability discrimination against her and a failure to make reasonable adjustments. They said that although the employer had allowed more time for completion of the test, it should have made adjustments to allow her – and others with the same condition – to give narrative short written answers instead to demonstrate their competency in decision making.
Each such request will depend on the nature of the disability, but if you have a concern about any of your employment processes and would like advice to ensure they are not likely to be considered to be discriminatory, please get in touch.
Posted on 08 May 2017