Reasonable adjustments: disabled employee could be subject to competitive interview

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The Employment Appeal Tribunal (EAT) has ruled that an employer was not required to waive a competitive interview process for a disabled employee in a redundancy situation.

Under the Equality Act 2010, employers have a duty to make reasonable adjustments for both job applicants and existing employees who are disabled within the meaning of the act. The duty arises where a provision, criterion or practice puts a disabled person at a substantial disadvantage compared with a non-disabled person.

While employers are required to make reasonable adjustments to an interview process for external candidates, it is accepted that they are ultimately able to choose the best candidate for the job. However, the position is more complex for employers considering alternative employment for employees who are, due to their disability, unable to continue in their existing role…

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