Disability and Disclosure: Employment and Your Rights
- The Equality Act 2010 and your rights
- To disclose or not disclose, when and how?
- Useful resources
The Equality Act 2010
In recent years employers have been much more positive about employing graduates with disabilities.
The Equality Act 2010 states that it is unlawful for employers to discriminate against disabled people in their selection and recruitment practices unless there is justification for such action. The law identifies a disabled person as ‘anyone with a physical or mental impairment, which has substantial and long-term adverse effect on their ability to carry out normal day-to-day activities’.
When applying for a job, as with all students and graduates, you will be required to demonstrate that you have the necessary skills and experience to fulfil the requirements of the post.
To disclose or not disclose?
This is very much an individual choice but you may want to consider:
Reasons you may not wish to disclose
- You are concerned an employer will discriminate against you and reject your application immediately.
- You may feel you don’t need to mention your disabilityas it doesn’t have any bearing on your ability to do the job.
Reasons you may wish to disclose
- The Equality Act 2010 covers employment and states that it is unlawful for an employer to treat an applicant or employee less favourably than another applicant or employee for any reasons connected to their disability without justification.
- People with severe disfigurements are also covered by the act. The website has lots of support, advice, resources and guides.
- Under the terms of the Act the employer must also consider making ‘reasonable adjustments’ ; in order for an employer to make these adjustments they will need to know about your disability.
- You will have control with regards to how your disability is explained. You can highlight your strengths and the positive aspects of your disability.
- The JobCentrePlus Access to Work Scheme provides financial support to employers concerned about the extra cost of hiring someone with a disability. See more information.
- Many application forms ask if you have any medical conditions – if you omit to disclose your disability here and it comes to light at a later date, you may risk dismissal.
- Many employers are committed to employing disabled people. Look out for The Disability Symbol, often known as the ‘Two Ticks’ symbol. If an employer uses this symbol it is because they are positive about employing disabled people and are keen to find out about your abilities. Part of the commitment is to interview all disabled applicants who meet the minimum criteria for the job.
- You can also check an employer’s commitment to recruiting disabled applicants through checking to see if they are on the Employer’s Forum on Disability (EDF)
- Also check an employer’s equal opportunities policy statement.
Find out more about the Disability Symbol under Disabled People – Looking for Work
If you need extra employment support because of a disability, your local Jobcentre can put you in touch with one of their Disability Employment Advisers. There are also lots of current discussions, information and advice here
Disclosing my disability – when and how?
This is an individual decision and can depend on your own personal circumstances, and/or the job or employer.
Covering letter
In most cases you send a covering letter with your CV.
This can be a good place to mention a disability. You can use this opportunity to highlight your strengths and reassure an employer with regards to any reasonable adjustments that may be required.
Application form
On some application forms you are required to mention any medical conditions and it may be in your interest to do this – see reasons you may want to disclose.
Some application forms require a response to a competency question, this could be an opportunity to disclose your disability and also demonstrate the skill.
In all cases tailor your CV or application form in such a way where your strengths are highlighted and demonstrate how you meet the requirements of the post.
Equal opportunities monitoring form
Some employers ask applicants to return this form with their application. The purpose of this form is for the employer to monitor who is applying. This could be an opportunity to disclose your disability. In most cases this form is not used when selecting applicants for interview.
Medical questionnaires
After an employer has made you a job offer you are may asked to fill out a medical questionnaire You should answer these fully and honestly so that reasonable adjustments can be made.
Pre- interview
If you have been invited for interview, you should contact the employer if you need any practical support such as help getting to the interview, or a sign language interpreter. The invitation may include letting the employer know if you need extra help. However, if this is not the case contact the employer and request this. This is considered a ‘reasonable adjustment’ under the Equality Act.
Interview
If you have been invited to interview the employer is satisfied that you have the skills and experience to do the job. If your disability is visible this could be distracting for the interviewer. It may be wise to consider disclosing your disability prior to interview.This also gives you the chance to reassure the employer of your abilities and the feasibility of making reasonable adjustments.
Top tips
- Identify the skills you have gained through your education and any work experience or activities and interests.
- In your applications or on your CV demonstrate how you meet the requirements of the job.
- Look for the ‘two ticks’ symbol on job vacancies and employers’ websites.
- Consider what reasonable adjustments you may require.
- Remind employers of the financial help available through Access to Work.
- Find out about the range of agencies and programmes who help people with a disability or health problem get work experience or employment.
See the specific Disability, Diversity and Disclosure pages for useful resources.