Please be cautious when using multiple choice tests when recruiting
In the recent employment tribunal case; The Government Legal Service v Brookes, it was found that the organisation’s use of psychometric testing, which included multiple choice answers, was found to be unlawful disability discrimination. This decision has recently been upheld on appeal.
Many organisations use these sort of tests for external recruitment and internal promotions without thought as to the impact on those taking part. In the above case the complainant had Asperger’s Syndrome which can make multiple choice type questions challenging. The organisation did not afford Brookes an alternative test or additional time to complete the one they had; consequently she succeeded in her claim for indirect disability discrimination; failure to make reasonable adjustments; and disability related discrimination.
If you use such tests in your organisation please contact us for advice. We will help you avoid any such similar risks.
Is being ‘on-call’ or sleeping-over at work counted as working time?
Workers may be entitled to the national minimum wage when ‘on-call’, or on a sleep-over at work.
In a comprehensive decision, the Employment Appeal Tribunal (EAT) confirmed that entitlement to the national minimum wage when ‘on-call’, or sleeping, at work depends on each individual case.
In three cases heard at the same time – the lead case being Focus Care Agency v Roberts, it was considered whether or not these three tribunals had correctly decided if ‘sleep-in’ time counted as ‘time work’ for the purpose of the National Minimum Wage Regulations.
The EAT was unable to provide a definitive answer to this question. However, it disapproved of the approach sometimes adopted in situations where a worker is considered to be working, just by being at the premises; or where the worker is provided with accommodation and is simply on-call.
In conclusion, the EAT held, a multi-factorial approach is required – giving substantial weight to the facts of any individual case and thus significant scope to an individual employment tribunal to decide.
There are four factors that an employment tribunal will take into account when judging whether or not sleep overs should count as working time. If you have staff engaged on sleep over shifts and require further advice, please contact us.