Question to the Cabinet Office:

To ask the Minister for the Cabinet Office, what assessment he has made of the effectiveness of reasonable adjustments in public sector recruitment processes for disabled applicants.

The Government is fully committed to the Equality Act 2010 (the Act), which protects disabled people from discrimination in the workplace. The Act prohibits direct and indirect disability discrimination and requires employers - including those in the public sector - to make reasonable adjustments for disabled employees and applicants who meet the Act’s definition of disability, to ensure that they are not placed at a substantial disadvantage compared to their non-disabled colleagues.

The reasonable adjustment duty on employers requires them to make adjustments to any element of a job, job application or interview process, whether on an anticipatory basis or at the request of the disabled person.

The failure of an employer to make reasonable adjustments for a disabled employee or job seeker, or discounting a job application simply because the applicant is disabled could amount to direct disability discrimination under the Act.

The Act recognises the need to strike a balance between the needs of disabled people and the interests of employers. What is ‘reasonable’ will vary from one situation to another. This is because factors like the practicability and cost of making the reasonable adjustment, and the resources available to different employers will be different. It will therefore be for the courts to decide, in the event of a claim of alleged disability discrimination, and on a case-by-case basis, what reasonable adjustments should be made.

It is a matter for individual public sector employers as to how they ensure compliance with their legal obligations under the Act, but many will be subject to the Act’s Public Sector Equality Duty (PSED), which requires public authorities, and those carrying out public functions, to have due regard to the need to eliminate discrimination (including on grounds of disability), advance equality of opportunity, and foster good relations between different people. The duty to have “due regard” obliges a public authority to consider the equality aims set out in the duty when exercising its functions, like taking decisions, and then to decide what weight to accord to them. Public authorities place themselves at greater legal risk if they do not interpret the law correctly.

The Advisory, Conciliation and Arbitration Service (Acas) provides authoritative and impartial advice free to employees or employers in relation to employment discrimination issues via their website. and telephone helpline 0300 123 1100 or text relay service 18001 0300 123 1100. You can access the website here: http://www.acas.org.uk. Acas also provides employees and employers with Early Conciliation to help them resolve/settle their workplace dispute without going to court.