Is it unlawful to exclude a job applicant from the shortlist on the grounds that their disability would cause practical difficulties for the employer?

A candidate who has disclosed to the employer that they have a disability should be shortlisted for interview unless they are clearly unsuitable for an unrelated reason (for example if they lack the necessary experience for the job) or if it is clear from the information provided that the disability would prevent effective or safe performance of the job (although employers should be extremely cautious about making assumptions about this). Section 20 of the Equality Act 2010 imposes a duty on employers to make reasonable adjustments to any provision, criterion or practice that they apply and to any physical feature of their premises to prevent or reduce any substantial disadvantage that a disabled employee or job applicant would otherwise have.