Is this legal?

OneYorkshireLass

- this is a hypothetical question -

If I had an online business and wanted to draft in extra workers, but I stated I only wanted workers who were disabled, could I do this?

They would be classed as self-employed, dictate their own working hours, work as little or as much as they wanted etc.

They aren't technically employed by me, so would I be breaking any equality laws?

MissSarah1972

OneYorkshireLass wrote: »

- this is a hypothetical question -

If I had an online business and wanted to draft in extra workers, but I stated I only wanted workers who were disabled, could I do this?

They would be classed as self-employed, dictate their own working hours, work as little or as much as they wanted etc.

They aren't technically employed by me, so would I be breaking any equality laws?

Yes at a guess I think so as much as you couldnt advertise for self employed NON disabled

paddedjohn

OneYorkshireLass wrote: »

- this is a hypothetical question -

If I had an online business and wanted to draft in extra workers, but I stated I only wanted workers who were disabled, could I do this?

They would be classed as self-employed, dictate their own working hours, work as little or as much as they wanted etc.

They aren't technically employed by me, so would I be breaking any equality laws?

I certainly hope so........

whitewing

hypothetically, why would you want disabled workers? Perhaps there would be a charity that you could liaise with to provide opportunities to its members that would be able to assist you? (although you would be wise to double the legalities in any case if you were using a third party)

marybelle01

OneYorkshireLass wrote: »

- this is a hypothetical question -

If I had an online business and wanted to draft in extra workers, but I stated I only wanted workers who were disabled, could I do this?

They would be classed as self-employed, dictate their own working hours, work as little or as much as they wanted etc.

They aren't technically employed by me, so would I be breaking any equality laws?

Yes you would. You cannot employ from any specific group without an exemption based on a legally defined reason, so, for example, women only to work in a womens shelter.

KiKi

It would be unlawful to recruit someone on the basis that they had a disability, in preference for someone who doesn't, yes.

The only other time that it can be justified is if the role is legally exempt, or by offering opportunities (not jobs!) when taking positive action. This usually means a scheme of some form which is designed to improve demographics in an organisation by putting minority groups in a better position to apply for jobs when they come up. For example, if an organisation only has 2% ethnic minorities in senior roles - because there is a very small pool of ethnic minorities to pick from in middle management - you could run a scheme which provides a number of people in that group with exposure to middle management level which then gives them a better opportunity to apply for middle manager / senior roles in the future. As someone else suggested, you could also potentially offer opportunities through a charity to give people with disabilities a better opportunity / advantage.

Of course, the reality is that you can advertise encouraging people in disadvantaged / minority groups to apply, then choose who you want as long as you don't say that's the reason you gave them the job / turned down someone else.

KiKi

OneYorkshireLass

whitewing wrote: »

hypothetically, why would you want disabled workers?

Most disabled people want to work but are shafted by employers (as I found out).



So if I advertised on site for disabled people, didn't mention that I wanted purely disabled workers in the advert, I would probably get away with this.
There's no law about where one can advertise, is there?

MissSarah1972

OneYorkshireLass wrote: »

Most disabled people want to work but are shafted by employers (as I found out).



So if I advertised on site for disabled people, didn't mention that I wanted purely disabled workers in the advert, I would probably get away with this.
There's no law about where one can advertise, is there?

So you are going to shaft everyone else? Nice.

OneYorkshireLass

MissSarah1972 wrote: »

So you are going to shaft everyone else? Nice.

There's plenty of jobs for 'everyone else', isn't there? Disabled people do not get a level playing field, despite what the 'policies' and 'equality' acts say. As Kiki said, employers can choose who they want without saying why they did not choose another candidate. Even the new application forms where they no longer ask about health do not stop employers finding out about disabilities. I'd have to tell them, for example, that I couldn't have an interview without the questions being written down. Kinda gives the game away, doesn't it? Or how about the person in a wheelchair who would need to gain access to a second floor for interview in a building with no lift? Or the deaf person who would need a signer in interview ...?


p.s this is hypothetical. I'm not actually doing this.

MissSarah1972

OneYorkshireLass wrote: »

There's plenty of jobs for 'everyone else', isn't there? Disabled people do not get a level playing field, despite what the 'policies' and 'equality' acts say. As Kiki said, employers can choose who they want without saying why they did not choose another candidate. Even the new application forms where they no longer ask about health do not stop employers finding out about disabilities. I'd have to tell them, for example, that I couldn't have an interview without the questions being written down. Kinda gives the game away, doesn't it? Or how about the person in a wheelchair who would need to gain access to a second floor for interview in a building with no lift? Or the deaf person who would need a signer in interview ...?

There's plenty of jobs for 'everyone else', isn't there?

Is there really? Yeah that's why there are so many people out of work!

Jobs are open to everyone to apply aren't they?

If you think you are being discriminated against because of a disabilty (which may not be obvious) then you can do something about it. Unlike the unemployed who get descriminated agaisnt every day and no law to protect that.

What about jobs where you just send in a CV?

MissSarah1972

OneYorkshireLass wrote: »

p.s this is hypothetical. I'm not actually doing this.

Of course it must be as you wouldn't really ask would you otherwise.

I would report an advert like that like I did one advertising for a female working in a office as they had too many men.,