Question

To ask the Minister for Women and Equalities, what steps she is taking to ensure that employers are not discriminating against autistic job applicants during recruitment in accordance with the Equality Act 2010.

It is generally unlawful under the Equality Act 2010 (the Act), for an employer to ask a job applicant about their health or disability - which would include autism - during the initial stages of a recruitment process. The Act aims to ensure that all disabled applicants are given the opportunity to have their ability to carry out a job properly assessed by prohibiting employers from asking questions about their disability and health during the recruitment process, except in a few specific circumstances (for instance to establish whether a job applicant can undertake a function intrinsic to the job). The Act is clear that questions about health and disability can only be asked when an applicant has been offered a job.

The Equality and Human Right Commission enforces the Act and provide guidance on recruitment: https://www.equalityhumanrights.com/en/publication-download/your-rights-equality-work-when-you-apply-job

The Advisory, Conciliation and Arbitration Service (Acas) provides authoritative and impartial advice free to employees or employers in relation to employment discrimination issues via their website (http://www.acas.org.uk) and telephone helpline 0300 123 1190 or text relay service 18001 0300 123 1190. Acas also provides employees and employers with Early Conciliation to help them resolve/settle their workplace dispute without going to court.