Posted by Natalie Birrell (PR Consultant),
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Removal of competitive interview process not necessarily a reasonable adjustment
In Wade v Sheffield Hallam University¸ the EAT has held that it is not necessarily a reasonable adjustment to remove a competitive interviewing process for a disabled employee. The disabled individual had applied for a new post in 2006 and again in 2008, and both times failed to meet the essential criteria. The Tribunal, endorsed by the EAT, held that it would not have been a reasonable adjustment to allow the individual to avoid the competitive interviewing process because she did not meet the essential criteria necessary for the role. The Tribunal specifically considered the case of Archbald v Fife Council where the then House of Lords indicated that disapplying a competitive interview process can be a reasonable adjustment. This case is definitely one which turns on its facts but is nonetheless interesting for general information in terms of reasonable adjustments and the extent to which an employer should or should not disapply a competitive interview process.
This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.
For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222
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