- Assessments – where an assessment is part of the application process, the employer has to make sure that the applicant can take part, or enquire if they wish to have any reasonable adjustments provided to allow them to participate.
- In-role adjustments – an employer may ask about a disability in order to discuss whether reasonable adjustments are needed to enable them to perform the job, whether you can implement them, or if you need to suggest alternatives.
- Specific tasks – rather than assuming that an applicant is unable to perform specific tasks that are intrinsic to the role, it’s ok to ask them questions regarding their health and disability in order to ascertain this. For example, if the job involves lifting heavy objects or climbing ladders.
As every employer knows, asking questions regarding an applicant’s health or disability during the initial stages of recruitment, and using the information gained to discriminate against them, is unlawful. But is it ok to ask certain questions in certain circumstances? Let’s take a look... As a general principle, questions of this nature should only be asked after the applicant has been offered the position – but there are some exceptions where these questions are completely reasonable and within the law: