Last reviewed: 22 June 2022
- Use the job offer as an opportunity to ask the candidate about workplace adjustments –once you have made a job offer you can now ask questions about adjustments they will need in the role.
- Try to arrange adjustments to be ready as quickly as possible – aim for day one wherever possible.
- Sometimes you may discover information after making the job offer that means you have to withdraw it. Make sure you avoid discrimination when doing this – contact our Advice Service for tailored guidance.
What to say
Of course, let the candidate know that you are offering them the job. Indicate when you would like them to start, though this may need to be finalised once they have been able to start their notice period with their current employer.
When offering the job, give every candidate another opportunity to discuss any adjustments they may require, whether or not they have told you that they have a disability. For many reasons, applicants may not have told the employer about a disability during the recruitment process.
Many people do not regard their condition to be a disability. Some are unwilling to give this sort of information for fear of being discriminated against. Others feel that their disability has no bearing on their capacity to do the job they are applying for and so is irrelevant.
The law
Once you have made a job offer, you are now legally permitted to ask candidates questions about health and disability so you can arrange workplace adjustments. You should still seek only to gather the information you need for workplace adjustments and health and safety. Make sure you’re using inclusive language when talking about disability – see our resource ‘Inclusive language – Dos and don’ts’ in the Inclusive Communication Toolkit for more information.
Workplace adjustments
It is a good idea to ask the applicant about workplace adjustments they might need, but do not assume everyone knows every adjustment that might be helpful. The candidate may also be concerned that the cost, or presumed cost, of adjustments, or the perception that they expect ‘special treatment’ may mean the job offer is withdrawn. Offer to work with them to decide what adjustments are the best for them.
The law does not require a candidate to tell an employer about a disability unless they require a reasonable adjustment or there is an associated health and safety risk to either the disabled person or anyone else. Employers have an obligation to make adjustments if they know – or could reasonably be expected to know – that the working environment or arrangements are placing the person at a substantial disadvantage.
See ‘Adjustments and onboarding new starters’ for more information.
Access to Work
Ensure that the candidate is aware that they can apply for a grant for adjustments through Access to Work. Candidates can complete an online questionnaire to see if they are eligible to receive Access to Work support.
For more information about Access to Work, see our resource ‘Access to Work’.
Contact our Advice Service for tailored guidance about how you can use Access to Work to support disabled applicants and candidates.
Day one adjustments
Do what you can to have the adjustments needed in place by the new starters first day. This may not always be possible, so consider options such as delaying their start or having them start with reduced duties until adjustments are in place.
Job offers are sometimes conditional on adjustments being in place by a particular time. This allows time to investigate adjustments and possible funding from, for example, Access to Work. For people starting a job, or who have been in a job for less than six weeks, Access to Work will pay up to 100 per cent of all approved costs.
When you might have to withdraw the offer
In exceptional cases it may be unreasonable, due to time and cost, to implement the adjustments and there may be no other option but to withdraw the offer. This could be, for example, if there is an urgent need to fill a short-term temporary post quickly. Such a withdrawal, if a job offer has been made and accepted, is actually dismissal so you need to be sure that it is necessary and not discriminatory for a reason relating to the person’s disability.
This dismissal might be justified as a proportionate means of achieving a legitimate aim under the Equality Act 2010. However, make sure to explore all options and come to interim arrangements wherever possible and take legal advice.
Contact our Advice Service for tailored guidance about what to do if you are in a similar situation.
Scenario
Mark has applied for a job as a sales executive for a car rental company called Trifecta Cars. Mark has recently been diagnosed with diabetes, and so sometimes needs a private place to inject insulin. He is still learning how to manage his condition, and therefore he sometimes experiences ‘hypos’ that mean he needs to eat or drink something sugary to boost his blood sugar levels.
He has had an interview and an assessment where he demonstrated various staged customer interactions. He is waiting to hear back about whether he will be offered the job. He hasn’t told Trifecta about his condition, as he has been able to manage it during the application process.
One week after his assessment, he receives a phone call from Hayley, the hiring manager at Trifecta, to offer him the job. He accepts the job there and then.
Hayley then asks him if he will need any adjustments when he starts working. He tells her about his recent diagnosis of diabetes and explains how he manages it at the moment. He says that most of the time he is able to work as usual, but occasionally he can need to go somewhere to rest and have a sugary snack or drink if his blood sugar gets low. He also says that he has regular injections of insulin, so will need somewhere private for that.
Hayley thanks him for sharing, and says she will talk to Abdi, his new manager, to discuss what can be done.
Together, Hayley and Abdi agree that Mark can let them know if his blood sugar is low, and they will ask one of his colleagues to take over any customer interactions he is having at that moment. They will also let him use the disabled toilet to inject insulin when he needs. Mark’s new co-workers will need to know about these so they can work with him to let him manage his condition when he needs.
Hayley calls back Mark to ask if these adjustments will work for him. He agrees, and thanks Hayley. She then explains that his new co-workers will need to be told about his working arrangements, and he sees that this will be necessary. On his first day his new manager introduces him to the team and explains that occasionally they might have to step in if Mark is having a hypo, and his team members agree to this. Mark thanks them and explains how he manages his diabetes.
Abdi also asks the team to avoid using the disabled toilet if they don’t need to.
Read next
- Communicating with candidates post-job offer
- Adjustments and onboarding new starters
- Asking about adjustments – Language
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