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ARTICLE · 12 JUNE 2017

Employment Essentials: May 2017's Top 5

Gowling WLG
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The latest top five employment law developments that may affect your business - what they are, and what you can do about them.

United KingdomEmployment and HR
Connie Cliff
Connie Cliff
Jane Fielding
Jane Fielding
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1: Can online recruitment tests be discriminatory?

Are job applicants with Asperger's Syndrome discriminated against by online multiple choice recruitment tests? Potentially, yes.

A quick recap on indirect discrimination -it is broadly concerned with an apparently neutral provision, criterion or practice ('PCP') which is not intended to treat anyone less favourably, but which in practice has the effect of disadvantaging a group of people with a particular protected characteristic compared with others who do not share that protected characteristic ("group disadvantage"). Where a PCP disadvantages an individual with that characteristic, it will amount to indirect discrimination unless it can be objectively justified.

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