BACKGROUND
Mr Glasson applied for a promotion and an oral interview was held via video due to covid restrictions. His employer knew he had a stammer, which was classed as a disability under the Equality Act. Prior to the interview, Mr Glasson indicated he might need more time to complete his answers due to the stammer. Mr Glasson performed well however scored one point below the successful applicant. Mr Glasson then claimed at tribunal his stammer caused him to give shorter answers affecting his interview score. This had not been raised prior to the claim.
The tribunal rejected the employer had failed to make reasonable adjustments given they lacked knowledge of the specific impact. It was then brought to the Employment Appeal Tribunal who upheld the decision. The EAT found that any unreasonable behaviour was justified considering constraints in having face to face interviews due to covid restrictions and the role's requirement for oral skills.
OUTCOME
The appeal was dismissed.
KEY POINTS
- This case highlights that a lack of awareness of the impact of a disability and having justifications for assessment methods in interviews will be considered. However, if employers know, or are reasonably expected to know that an employee would be placed at disadvantage due to a disability, they should make reasonable adjustments.
- We recommended considering all requests and potential challenges, even if they are not specifically disclosed. For example, allowing wheelchair access, or the opportunity for a break or support during an interview.
This page was correct at the time of publication. Any guidance is intended as general guidance for members only. If you are a member and need specific advice relating to your own circumstances, please contact one of our advisers.
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