Disabilities and person specifications

[Deleted User]

I understand if you have a disability which you may decide to declare on an application form which might require you to ask for reasonable adjustments for either the interview or doing the job is correct?

However, what happens if a person specification lists an essential criteria as holding a UK driving licence and access to own vehicle but your disability prevents you from driving as you are not allowed. Can you ask for reasonable adjustments or is that not the case because they specifically need someone able to drive?

Trying to help my relative complete an application, but not sure if it will even be worth it if a company isnt required to take this into consideration.

KatrinaWaves

I mean it really depends. Clearly a job as a delivery driver wouldn’t be appropriate, nor someone who frequently was required to work at multiples sites.
For someone who only needed occasional use of a car then using public transport or lifts with a colleague etc could be a reasonable adjustment. Employing a separate driver would not, for example.

So yeah really depends on the job and the nature of the car use needed.

DigForVictory

The law says they may not discriminate on grounds of disability but while a disabled non-driver could apply & their application would have to be seen to be being examined, the company needs a driver.

If you can't meet them on their essential criteria, anyone will get bounced, but the disabled candidate will be told they were concerned he was over qualified or some such face-saving box ticking nonsense.

Katrina's point is well made - it may be worth asking how much driving is required & for what purpose.

elsien

MarkN88 wrote: »

I understand if you have a disability which you may decide to declare on an application form which might require you to ask for reasonable adjustments for either the interview or doing the job is correct?

However, what happens if a person specification lists an essential criteria as holding a UK driving licence and access to own vehicle but your disability prevents you from driving as you are not allowed. Can you ask for reasonable adjustments or is that not the case because they specifically need someone able to drive?

Trying to help my relative complete an application, but not sure if it will even be worth it if a company isnt required to take this into consideration.

It probably depends on what the job is. My job spec says that and you couldn't do the role without a car, it's not possible. However a partially sighted colleague has a support worker who drives and accompanies them on the days they need to travel - that's the adjustment, although the support worker is funded elsewhere, not by the employer.
If it's not possible to do the job without a car, then there's nothing much that can be done to change that. Have you considered contacting the employer to find out why it is an essential criteria - for example travel to multiple sites which can't be done by public transport in a reasoanable time?
I think you need to ask them the reasons it's essential before sending in the application. The clue is in the word reasonable - if they'd have to go to ridiculous lengths to meet your needs then they don't have to do it, regardless of your disability.

Diamandis

I'd suggest calling access to work to see if a support worker could be provided or if they are able to offer any other help.

Les79

It depends on the work to be fair...

Examples:

Taxi driver = no chance

Home carer = MAYBE

The reason being that the company would need to demonstrate "proportionality" with respect to the unfavourable treatment. The requirement of having a driving licence and access to a vehicle *could* be discriminatory in that they need to show a genuine business need for the exclusion. In terms of taxi driving, there is no way that you could be a taxi driver if you cannot drive (so the discrimination is justified). But if it is home care work then you could probably use taxis to do the work, so treating disabled people unfavourably there may not be "a proportionate means of achieving a legitimate aim" (I don't think that the increase in costs alone, with them paying your taxi fares, would be a good enough reason for the employer to claim).

Ultimately, you'd need to speak to a solicitor to get any more of a grip on the above (I have some knowledge of sex discrimination but none on disability, so I've transposed indirect sex discrimination advice over; seems correct tho) and it would probably be a huge hassle if you pursue it! But depending on the circumstances there may be a case to make (always good to discuss issues like this tbh, never great when an otherwise perfectly good potential employee is excluded from a job opportunity)

Always worth POLITELY pointing out something to that effect to the employer as well

The only other thing to bear in mind is that they could just manufacture it so that, despite getting an interview, your relative could "fall at the last hurdle" and end up being rejected for "someone slightly better on the day". Makes any disability discrimination claim a bit trickier (assuming you have rights with no employment with them)

GlasweJen

The job I'm in was "driving license essential", I don't drive because I had my license revoked on disability grounds.

I read the job and couldn't work out why the post holder would need a driving license so I applied and ticked the no license box.

It didn't come up at interview but it did come up on occupational health review (it's a job in a hospital). I batted back that "driving license essential should only be used when driving licenses are essential as per their own policy and occupational health then had HR review the job and decide that a licence isn't a requirement.

It's not been an issue and I've been in the post 4 years.

[Deleted User]

I have epilepsy and jobs I apply for in social care frequently say essential driver. I apply, say nothing and tell them during or after interview. But do state in the application I have the ability to travel with access to work assistance, not had a problem yet.

Though wouldn't obviously apply for jobs where it was definitely an essential part of the role like a delivery person etc.

TELLIT01

If the job states 'Driving licence essential' and you don't have a driving licence, for whatever reason, you are not suitable for the role. That has nothing whatever to do with disability.

[Deleted User]

TELLIT01 wrote: »

If the job states 'Driving licence essential' and you don't have a driving licence, for whatever reason, you are not suitable for the role. That has nothing whatever to do with disability.

Not so, I got 20 journeys a week At £10 per journey from access to work as I have a disability. Why is being a driver essential?

Les79

GlasweJen wrote: »

The job I'm in was "driving license essential", I don't drive because I had my license revoked on disability grounds.

I read the job and couldn't work out why the post holder would need a driving license so I applied and ticked the no license box.

It didn't come up at interview but it did come up on occupational health review (it's a job in a hospital). I batted back that "driving license essential should only be used when driving licenses are essential as per their own policy and occupational health then had HR review the job and decide that a licence isn't a requirement.

It's not been an issue and I've been in the post 4 years.

Is that not discriminatory towards disabled people, though?

Effectively discouraging people like OP's relative (and you, though you defied conventions) from applying in the first place?