“Claimant with stammer unsuccessful in claim for disability discrimination in relation to Video interview held by Employer”
Summary:
In Glasson v Insolvency Service, an Employment Appel Tribunal (EAT) ruled that an employer did not discriminate against an employee with a stammer. The employee had applied for a promotion within the organisation, and a video interview was held due to COVID restrictions in place at this time. The employee claimed his stammer caused him to give shorter answers, impacting his score. The tribunal rejected claims of failure to make reasonable adjustments, stating the employer lacked knowledge of the specific impact.
Additionally, the EAT upheld the decision that any unfavourable treatment was justified, considering the pandemic’s constraints on face-to-face interviews and the role’s requirement for oral communication skills.
The employee’s appeal was dismissed.
Five key points for employers to note from the case:
- Awareness of Disability Challenges: Employers should be aware of potential challenges individuals with disabilities may face during recruitment process, even if those challenges are not explicitly disclosed by the candidates.
- Proactive Accommodation: Employers should proactively consider and accommodate potential disability-related challenges during recruitment, including providing additional time for interviews or making adjustments to assessment methods.
- Knowledge of Disability Impact: Employers should strive to understand the specific impacts of disabilities on job performance and be vigilant in recognizing and addressing them to ensure fair treatment and compliance with equality legislation.
- Justification for Assessment Methods: Employers should ensure that their assessment methods are justified and proportionate to the requirements of the job role, considering the skills and competencies necessary for success while minimizing discriminatory impacts.
