Problem answer

You might begin by stating that these candidates have issues related to disability and that the Equality Act 2010 now contains the relevant provisions previously in the Disability Discrimination Act 1995.

For Agnes it is a question of how she is being treated for a disability-related reason. This is similar to the examples given in the DRC Code of Practice (see the Equality and Human Rights Commission website). She cannot type fast because of her disability, not because of a lack of knowledge of how to type. There is an important issue, therefore, about the selection of the correct comparator. There is also a possibility of age discrimination, because the employer may have prejudices about older workers and their speed of work. You will need to consider this, maybe by asking for information about the ages of other candidates interviewed and the ages of the successful ones.

Delilah has had a problem with her interview related to her disability. Questions to be asked include whether the employer had prior knowledge of her ailment and the consequences of this; as well as the employer’s duty to make reasonable adjustments.