If a person applies for a job and they have epilepsy, and one of the criteria is that they must have a C1 driving license (and they can never get this because of their condition) can the employer remove them from the recruitment and selection process?

Posted in : First Tuesday Q&A ROI on 5 September 2017
The Employment Law Team at A&L Goodbody
A&L Goodbody
Issues covered:

Any recruitment process is potentially a very subjective process so you should take whatever steps you can to eliminate any levels of perceived or actual subjectivity and/or discrimination.

Any job description or advertisement should be based on non-discriminatory thinking and practices and any requirements should be objective and quantifiable.  Automatically disregarding a job applicant due to lack of driving licence, without further consideration, may expose the employer to a potential indirect discrimination claim on the grounds of disability. 

The protections for an employee on the disability ground do not apply where the employee is incapable of doing the job in

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Back to Q&A's This article is correct at 05/09/2017

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The Employment Law Team at A&L Goodbody
A&L Goodbody

The main content of this article was provided by The Employment Law Team at A&L Goodbody. Contact telephone number is +353 1 649 2933 or email The Employment Law Team at A&L Goodbody

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