Applying to the British Telecom graduate recruitment scheme, Kevin Meier, a graduate holding a strong computer science degree, was asked to sit an on-line test requiring him to answer questions based upon a scenario presented. These tests are frequently used by large employers to assess someone’s judgment and decision-making abilities.
Knowing that BT are a Disability Confident employer and that he met the minimum entry criteria, Kevin believed he would have been guaranteed an interview without taking the test. However, BT did ask him to take the test, which both the Tribunal and the appeal court found to place someone with an ASC diagnosis at a substantial disadvantage over people without.
The Appeal court was clear that someone like Kevin who had ‘different but equal abilities’, is entitled to reasonable adjustments, as these were not ‘impractical; would not have disrupted BT’s activities and did not put a strain on BT’s resources.’
Kevin’s case raises issues for employers as to how they can live up to the intentions of their Disability Confident badge in respect of hidden as well as physical disabilities. BT did offer to adjust the test conditions but accepted they ‘could have been more proactive in agreeing reasonable adjustments earlier in the process’. The ruling also highlights the non-human element of automated recruitment processes that assess everyone as the ‘same ‘.