In 2017, a job applicant with Asperger Syndrome had her case upheld by the Employment Appeals Tribunal (EAT). The Tribunal concluded that her treatment by the Government Legal Services amounted to indirect discrimination.

She had applied for a role as a trainee solicitor and was required to take a multi-choice situational-judgement test – a form of psychometric test - as the first part of the recruitment process. Prior to the test she explained her condition to the recruiter. She asked that an adjustment be made whereby she could provide a narrative answer. Her request was refused. She took the multiple-choice test and scored 12 marks. The pass mark was 14. Her application went no further.

Proper use

As an HR professional qualified to administer and interpret psychometric tests, I find the stance of the employer shocking. This kind of poor behaviour causes negative candidate opinion of psychometric assessment as a selection tool.

When used properly, psychometric assessments provide a valuable insight that enhances the quality of selection process. But they should never be used in isolation. They should never have a pass/fail outcome. And, they should always be adapted for those with disabilities.

Before an applicant sits as assessment, it’s important that they understand the type of tests they will be taking. They should be given the ability to pull out of a test at any stage and request an alternative assessment. And they should have the chance to request adjustments that they might need to successfully complete the assessment.

It should have been simple for the recruiter at the Government Legal Services to arrange suitable support without degrading the value of the tests. Alternatives or support could have been given without giving the candidate an unfair advantage.

So, arguably, it was not the assessment itself that was discriminatory. It was the lack of flexibility of the Government Legal Services recruiter. That lack of flexibility likely came from ignorance about the tests being administered. It possibly came from ignorance about the general subject of psychometric assessment, and hence how suitable changes could be made.

Data analysis

The data collected is generally processed to provide two forms of report.

Firstly, there’s a score that informs objective performance. That’s typically given with reference to a particular occupational group. Such tests are normally about ability (for example numerical, verbal or abstract reasoning ability).

Secondly, the tests may provide comment about a candidate’s personality or occupational preferences. Reported characteristics from these tests can be compared with those from an ideal jobholder profile. These characteristics evidence arguments about the candidate’s likely future performance in the job. But personality or occupational preferences tests should never be used alone to make decisions. They should be used to support work sample tests or structured interview questions.

Psychometric assessments form part of a composite selection process that assesses which applicant best matches the job requirements. Human intervention in the testing process is paramount. Simply accepting that the score is too low when mitigating information has been provided is wrong. And similarly, blindly accepting the information provided in personality profiles would also be wrong.

Competent psychometric analysts take the data provided by the various tests and develop reports that can then be used to help inform the selection process. Those reports should not in themselves be the selection criteria. By using the data gathered in the tests, combined with other selection instruments, a candidate who will excel can be selected for the job. Psychometric assessments should be used to generate questions that will reveal more information, not drive a direct decision.

Test and data management

As a test user I’ve agreed to be bound by The British Psychological Society Code of Good Practice for Psychological Testing. This means that I must use appropriate tests in an appropriate manner. Context is everything. I’ve agreed to only administer tests when used in conjunction with other assessment methods.

It seems unlikely that the Government Legal Services followed such a code.

Applicants must understand why they are being asked to complete the tests, what will happen to their test results, who will have access to the results, and how they will be used within the selection process. Due consideration to gender, ethnicity, age, disability and any other special needs must be given before the tests are taken. The only exception is where a particular characteristic is claimed essential for the job – and this claim would need to be defensible.

And if candidates do complete an assessment, they must be provided with feedback in a clear, meaningful style, not just pass/fail.

Next steps

TimelessTime takes the administration and interpretation of psychometric tests very seriously. If you would like to find out more about how we support our clients with psychometric assessments, see our recruitment tools page or get in touch.

If you want to sample part of the pre-select tool that we developed, why not define your ideal employee and then call us to discuss how you can implement this in your selection process.

Not convinced? Check out what one of our clients had to say about their improved recruitment effectiveness.