Managing recruitment

As an employer it's your responsibility to ensure that the recruitment agencies you use don't discriminate against disabled people.

If a disabled person is unjustifiably discriminated against during your recruitment process they could bring a claim against the recruitment agency under Part 3 of the Disability Discrimination Act, as a customer, or against your organisation under Part 2 (employment).

Legally, in order to defend such a claim you would have to show that you took all reasonably practicable steps to ensure that the agency, as your agent, would not discriminate against a disabled applicant.

In practice, taking such steps should also mean that the agency is aware of your own policies and practices on disability and so should be better placed to find you the best candidate for the job from the widest possible talent pool.

Before entering into the contract with the agency, you should:

• Ask for evidence that agency staff have had DDA and disability awareness training.
• Ask for copies of the agency's own disability and equal opportunities polices.
• Insist that your vacancy is advertised where disabled people are more likely to see it.
• Ensure that the agency will guarantee an interview to disabled candidates who meet the minimum criteria for the job. This means satisfying yourself that the agency fully understands what the minimum criteria are.
• Ensure that the agency understands the obligation to make reasonable adjustments.