Employers could be unconsciously risking claims of discrimination through their careless use of aptitude tests during the recruitment process.

Over half of HR professionals surveyed in a Croner poll use aptitude tests as part of their recruitment process. If companies do not adapt their tests to potential employees’ particular needs, they could be liable for compensation claims for lost wages and injury to feelings, warns Richard Smith, consultant on employment law at Croner, who says that employers using these tests shouldn’t adopt a ‘one size fits all’ approach.

Before setting the test, employers should consider factors that may affect its outcome, such as whether the applicant has any physical disabilities, hearing problems, or dyslexia, and whether English is their first language. Otherwise, the results may unfairly reflect the ability of the candidate and their suitability for the job.

“If someone was proven to be unfairly denied a job, compensation awarded would be based on the net salary figure, plus up to £20,000 for injury to feelings, depending on the particular case,” advised Richard.

Simply asking right at the start of the recruitment process, whether in the initial advertisement, on application forms or at the start of an interview, is the easiest way of identifying any special requirements. “If this process is being carried out properly, applicants’ individual needs should be easily identified and addressed,” he said. But this is a step that is often forgotten.

“Using properly accredited aptitude tests excludes any unwitting cultural bias and ensures that candidates of different races are treated equally. Dyslexic applicants can be given extra time to read and complete tests, whilst the necessary facilities need to be provided on request for applicants with physical disabilities,” he added.