Do adjustments have to be made for a job candidate with Asperger’s Syndrome?

In a case recently before the Employment Appeal Tribunal a job applicant was found to have been discriminated against by being required to sit a psycho metric test.  The applicant, Ms Brookes, applied for a job with the Government Legal Services (GLS).  Along with all other candidates she had to undertake a multiple choice Situation Judgment Test.  Brookes requested adjustments to the Test on the grounds of her Asperger’s Syndrome.  (Her Psychiatrist had made previous recommendations in relation to her university course that a multiple choice format would not be appropriate for her).  She was told that an alternative test format was not available, although time allowances would be made.  She completed but failed the test.  She then claimed disability discrimination.

The Employment Tribunal concluded that the requirement that all applicants take and pass the test put a group of people, such as Ms Brookes, at a particular disadvantage compared with those who did not have Asperger’s Syndrome.  Whilst the requirement served a legitimate aim, the means of achieving that aim were not proportionate to it.  Brookes was put at a disadvantage.  Her claim of indirect discrimination and failure to make reasonable adjustments succeeded.  The decision was upheld on Appeal by the Employment Appeal Tribunal.

Put simply, whilst GLS needed to test the competency of its candidates to make effective decisions, a psycho metric test was not the only way to achieve this.  A salutary warning for prospective employers.

This entry was posted in Employment, Legal Briefs. Bookmark the permalink. Both comments and trackbacks are currently closed.
  • In This Section

  • Fabulous Service. Sophie is a credit to your company. Best Solicitors I’ve ever used.
    Mr & Mrs P Wardle - Stalybridge
  • North Ainley Solicitors
    4.6
    Based on 45 reviews
    powered by Google
    Jonathan Taylor
    Jonathan Taylor
    16:59 01 Feb 20
    We just wanted to thank North Ainley Solicitors again for... all your help. From the initial conversation with Vinesh explaining the process to Cassie answering my many questions and getting us through the line! It’s always a stressful time moving home and we were so happy when you rang with the good news (and we could tell you were too!) and we have collected our keys for our gorgeous new home. We would most definitely recommend North Ainley to anybody moving house! Thanks for a great service.read more
    Maria Wheeldon
    Maria Wheeldon
    14:21 20 Dec 19
    I have just completed my sale and purchase of homes and... would strongly recommend north ainley to others based on the amazing customer experience I received from Cassie Stafford. Cassie made this whole process simple for me. She was attentive, personable, professional and amazing In all she did Thank you cassieread more
    Faz Sal
    Faz Sal
    10:00 18 Nov 19
    We came to North Ainley on 3 recommendations! Wanted to... say a huge thank you to Jill and Sophie in the conveyancing team. They have provided us a brilliant service and have always responded efficiently in a speedy and professional manner to our questions and emails. Jill and Sophie were very professional, caring and helpful at every stage of the process. Jill provided us with her great knowledge and her expert advice along the way and we really appreciated that. I would definitely recommend them as a team and would 100% use their services again! Thanks Jill and Sophie - we are so grateful for your help and genuine approach. Keep up the good work you are a credit to North Ainley! I would have no hesitation in recommending them and will use the company again for any future legal work I might need doing. Thank you :)read more
    Jason Saxon
    Jason Saxon
    14:05 17 Oct 19
    Would really recommend North Ainley. We dealt with Cassie... who was friendly and helpful throughout the whole process. We experienced challenges with our chain and Cassie always kept us up-to-date, re-assured us and did everything to push things along to completion. I would not hesitate to use them again. Thanks Cassie and co.read more
    Claire Wilmot
    Claire Wilmot
    10:03 16 Aug 19
    I have used North Ainley on several occasions for... conveyancing on investment properties and I cannot recommend them enough. Jill Gregory has been brilliant, she's very efficient and responsive to my emails. Jill replies promptly and made things easy by allowing me to do everything by email so I didn't have lots of paper going back and forth. Thank you Jill, and all the other staff behind the scenes, that have handled everything so well. I will continue recommend you to everyone who needs a solicitor! :)read more
    Lisa Wright
    Lisa Wright
    15:05 25 Feb 19
    Cassie was fantastic throughout our sale and would... recommend North Ainley if selling or buying a house.read more
    Lynn Findlater
    Lynn Findlater
    18:55 01 Dec 18
    I have used North Ainley for a number of years. They have... successfully dealt with my parent's wills and more recently the sale of 2 properties. The staff are exceptional and imparticular Cassie who took care of the whole process from start to finish whilst I was overseas. She diligently chased all third parties and kept me informed at all times. I would recommend North Ainley as they have proved themselves time and again over the last 10 years in all of my family's legal affairs.read more
    Idnan Ahmed
    Idnan Ahmed
    12:57 30 Nov 18
    Excellent service. handled my latest commercial purchase... professionally. Would recommend to anyone who is looking for a solicitors who are proffesional and easy to work with. Top service.read more
    Lucy Hoy
    Lucy Hoy
    16:39 27 Nov 18
    Excellent! Very friendly and fantastic communication... throughout. Nothing was to much trouble. Thankyou Vinesh and Cassie. Would definitely recommend.read more
    Anil M
    Anil M
    15:11 04 Nov 18
    Fantastic Solicitors firm. Very professional. Close to... Oldham Town Centre. Answer all your questions and concerns. Keep you upto date at every stage. I have used this firm for many years in buying and selling property. You can not go wrong using North Ainley Solicitors.read more
    Next Reviews
Menu