Selection

It is essential to select the best candidate for the job using clear and objective criteria. The decision needs to be made without any discrimination and any fears or concerns unfairly connected with any disability. For example, concerns about a candidate with depression taking excessive sick leave, will be direct discrimination and cannot be justified.

Refusing to select the best candidate (who happens to be physically disabled) because they suggest that they would need to work from home at times of ill health, is likely to be discrimination arising from disability. An employer may have a general view that they do not trust workers to work from home but this is unlikely to convince a tribunal that the discrimination can be objectively justified.

If an employer dismisses the best candidate for the role because they complained about disability discrimination in another role, this will be victimisation under the EA 2010 and unlawful. An employer is not going to be able to justify this type of discrimination.