EMPLOYMENT LAW MARCH 2020
Employment law SOS
This month, our legal expert looks at the legality of rejecting
a job applicant based on their deafness, blocking websites on
internal computers and how to mitigate the risk of coronavirus
BY JONATHAN RENNIE, PARTNER, TLT LLP www.tltsolicitors.com
We are recruiting for
a new maintenance
manager at our steel mill.
One of the leading candidates
for the role is deaf. He is
extremely skilled in the job,
and would be a perfect fit, but
we’re concerned that he won’t
be able to hear the warning
noises that will keep him safe.
Would we be breaking the
law if we were to reject him?
There is a duty for an employer
to make reasonable adjustments
to assist job applicants who
are disabled. Defining what
constitutes ‘reasonable
adjustments’ is dependent on
the role and organisation. If
changes were too onerous or
expensive to make it feasible,
then it would be permissible not
to implement them. However, if
changes were not implemented
which would assist the employee
and have little impact on the
organisation, this could open
up liability for the employer.
Furthermore, an employer
has a duty to ensure the health
and safety of their employees
and to manage this where
necessary. Failing to do so,
resulting in health and safety
breaches, can have very severe
consequences. Indeed, there may
be criminal liability for the most
serious of breaches. The main
risk in this circumstance is that
the potential employee will be
unable to hear warnings. This
risk is further enhanced if they
are working alone or are in the
toilet. Similar risks could also
exist for those who work with
ear defenders or headphones.
Various solutions – and
reasonable adjustments - should
be considered to establish
alternative means to alert a
deaf employee. Methods could
include implementing a buddy
system, to ensure that the
deaf employee is notified if an
emergency alarm is sounded.
Appropriate training would need
to be provided and consideration
given as to whether any of the
other employees are skilled in
sign language. The introduction
of visible or flashing alarms
could also assist, as well as
portable notification devices
which vibrate in an emergency.
It is likely that new, innovative
solutions will be introduced in
the future.
Considering your preferred
candidate is ideal for the role,
the fact that he is deaf should
not prevent him from being
hired and becoming a valued
employee. But you will need
and the like, but the ban
has extended to news and
reference websites. Is it legal
to implement such a sweeping
ban on web access?
Many employers restrict certain
websites from being accessed in
the workplace. There are various
reasons for this, including
preventing employees accessing
their social media accounts
during working hours or
limiting access to personal email
accounts that could introduce
a virus into the system. Rules
surrounding this should be
contained within your contract
and/or company handbook.
It is legal to implement
such a ban; it is an employer’s
prerogative to decide how
to conduct their business,
providing they do not break
the law in doing so. Limiting
website access is something
that most employers generally
enforce. If you feel that you
should have access to news and
reference websites, you should
speak with your employer. It
may be that they are willing to
allow access to these websites,
but if not, they can provide
reasons for this.
Essentially, employers own
the technology that you are
using. They are entitled to
monitor websites accordingly.
Any attempts to get around
this could breach company
policy and result in disciplinary
proceedings or even dismissal.
It is certainly not illegal
for an employer to implement
restrictions on certain websites.
However, a candid conversation
could result in the restrictions
being waived on specific
websites, especially if the
restrictions affect your ability
to do your job.
to ensure that reasonable
adjustments are introduced to
guarantee his awareness should
an emergency alarm sound. The
available options do not seem
to be too onerous or expensive,
and would likely be considered
reasonable adjustments.
Consequently, rejecting this
leading candidate for the role
due to his disability, despite him
being a perfect fit for the role
and company, could well result
in a subsequent discrimination
claim for failing to make
reasonable adjustments.
My employer has recently
limited the websites
we are able to visit on internal
computers. I understand
blocking social media
12 www.manufacturingmanagement.co.uk
/www.tltsolicitors.com
/www.manufacturingmanagement.co.uk