Please find detailed information in this section on disclosure and reasonable adjustments in the workplace and recruitment process.
What is it ?
Disclosure is when employees or potential employees choose to inform their employer of their particular disability and how it affects them. The Equality Act 2010 protects disability rights within the UK, and this act protects you in all stages including application forms, interviews, job offers, and then during employment. It is against the law for employers to discriminate a potential or current employee because of a disability.
Do I have to disclose my disability ?
Employers should not ask if applicants have a disability or other health related issues. Although this question will be permitted in some circumstances that are essential to the job in hand. Some of these circumstances include:
It is highly advisable that candidates do disclose their disability or health related issues for their own benefit of showing maximum potential during recruitment. If candidates are fearful or discrimination or any other reason, there should be opportunities to disclose either anonymously or otherwise once you are in post or have received a job offer, although the earlier the better. If you do believe you have been discriminated against, the government has detailed advice on what you could potentially do, and the laws are there to protect you. It is important to note that if you are in your job and suffer discrimination, you may not have a legal case since the employer can claim they were not aware.
Usually on job advertisements or application forms, employers display the above symbol to show that they are signed up to be positive about disabled candidates. This also means that disclosing your disability guarantees a chance to discuss your suitability for a job with an employer. Employers also have obligations to their current employees to raise awareness for disability issues and ensure new employees, who are disabled, stay in employment.
As per the Equality Act 2010, employers must ensure that workers with disabilities or physical and mental health conditions are not disadvantaged while doing their jobs. Some examples of reasonable adjustments include:
The Equality Act also states that you should never pay for the adjustments, and this should be done by the employer. It is also important to note what is meant by ‘reasonable’. These would include things such as:
What if my employer cannot cover this ?
If any reasonable adjustments are not covered by your employer, the government offers help from a program called Access to Work. You will be offered support based on the needs you have. The support will include special equipment or support that help you in the workplace or covering travel help. The money provided is not a loan so will not need to be paid back.
The eligibility for Access to Work is:
You will also need to provide:
In order to apply, you would need to do so through the government website, see the application and more information.
Types of discrimination could be direct, indirect, harassment, or victimisation. Under the Equality Act 2010, the law protects you against discrimination in scenarios such as dismissal, employment terms, training, redundancy, etc.
If you believe that you have been unfairly discriminated such as an employer not making the necessary changes for reasonable adjustments, you can either complain directly to your employer, use a third party to help you (such as through mediation) or make a claim in court or tribunal. There are organisations such as the Citizens Advice Bureau to help you decide the best course of action. The government also offers legal aid to pay for legal advice if needed.
Further Links
Please follow these useful links for more detailed information about your legal rights and actions in the UK:
UK Discrimination Rights
UK Disability Employment Rights
Citizens Advice Bureau
Equality Advisory Support Service (EASS)
Disability Rights UK
Careers and Enterprise have a range of resources aimed at helping students create applications, CVs and cover letters. We also have resources and tools to help with preparing for internews and psychometric tests.
For students with disabilities, please find a range of resources we have collected to help you prepare for every stage of the application process:
Disclosing a disability in cover letters
Guaranteed Interviews
Explaining a disability when applying for jobs
Getting a graduate job when you have dyslexia
Psychometric and Aptitude Tests
Career search guide by Change 100