UK Disability Rights · 2026
What are my rights during recruitment as a disabled candidate?
Legal basis
Equality Act 2010 — section on legislation.gov.uk">Equality Act 2010 s.60 (pre-employment health questions ban with narrow exceptions), s.39 (employment), s.20 (reasonable adjustments — applies to recruitment); Disability Confident scheme (gov.uk/government/collections/disability-confident-campaign).
Your rights
Pre-offer: employers cannot ask about disability/health (with 4 narrow exceptions: necessary for intrinsic role function; positive action; statutory monitoring; occupational requirement). Disability Confident interview: if employer is Level 2+ Disability Confident and you meet minimum job criteria, guaranteed interview if you opt in. Reasonable adjustments at interview/assessment: extra time, written questions in advance, alternative formats, accessible venue, additional breaks, communication support. Post-offer: lawful health questions allowed; offer cannot be withdrawn unless disability genuinely prevents role performance and no reasonable adjustments would address.
Employer obligations
Comply with EqA s.60 ban on pre-offer health questions; provide reasonable adjustments at interview/assessment; consider Disability Confident commitments if signed up; not withdraw offers based on disability disclosure unless objectively justified; treat post-offer health information confidentially under UK GDPR.
Practical actions
1) Identify employer's Disability Confident level — check gov.uk Disability Confident employer list. 2) When applying, opt in for 'Guaranteed Interview' if criteria met. 3) Mention reasonable adjustments needed for interview as soon as offered (e.g., 'I'd appreciate questions in advance / extra time / accessible venue'). 4) At interview, decline pre-offer health questions if asked unlawfully — politely note the EqA s.60 protection. 5) Post-offer: respond to lawful health questions truthfully; provide medical evidence if asked; emphasise adjustments rather than diagnosis. 6) If discriminated against (e.g., Disability Confident interview not given despite meeting criteria, offer withdrawn after disclosure): ACAS conciliation within 3 months, tribunal claim. 7) Keep written records of application, communications, interview interactions.
If your employer refuses
Tribunal claim under EqA — direct discrimination (s.13), discrimination arising from disability (s.15), failure to make reasonable adjustments (s.20/s.21), or post-offer issues. No service requirement (you don't even need to have started); uncapped damages. Awards include lost earnings + injury to feelings.
Worked example
Mark (deaf, BSL primary language) applied for a graphic designer role at a Disability Confident Level 3 company. He met minimum criteria; under DC he was guaranteed an interview. He requested BSL interpreter for the interview — provided. He mentioned at offer stage that he was deaf and would need adjustments (text-based communication preference, captioning for video calls). Employer made the offer formal. 8 months later in role with appropriate adjustments funded by Access to Work, he was promoted. The Disability Confident framework + early discussion of adjustments removed barriers that would have ended the application elsewhere.
Recruiter pro tip
The Equality Act s.60 ban on pre-offer health questions is widely violated by employers — many still ask 'do you have any health conditions that would affect this role' on application forms. Politely decline: 'I understand pre-offer health questions are restricted under Equality Act 2010 s.60. I'm happy to discuss any reasonable adjustments after offer.' This is fully your right. Many employers genuinely don't realise the rule exists. Don't damage your chances by being aggressive — just be informed and polite.
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