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Disclosing a Disability
The disclosure of a disability is an important consideration for an individual seeking to fill an employment, training or work placement opportunity. The supportive framework for such a decision is an integral part of the duty of a provider of these types of career opportunity.
Disability disclosure for applicants for employment, training or placement
Disability disclosure is a very personal matter.
A disabled person may or may not feel that their disability will affect their ability to undertake the specified tasks set out in the description of an employment, placement or training opportunity.
In the case of someone with a hidden disability who believes that their disability is likely to have absolutely no impact on their intended employment, the case for non disclosure may seem strong. It is important to give this careful consideration as unintended discrimination may be the outcome of a decision of non disclosure, and the actual terms and conditions of employment may also be affected.
The act of disability disclosure should not be regarded by the candidate as the setting down of a negative marker against them.
Under the Disability Discrimination Act (Amended, 2006) disability disclose should take place within an equal opportunities framework.
Disability disclosure is best regarded as being a proactive decision for a disabled person, one that they have every right to expect to be received confidentially and positively by an employer or training or placement provider. Disclosure can be an important positive opportunity to focus upon individual personal qualities, skills acquired and strategies adopted for life, learning and work.
Where relevant an applicant’s CV might be drafted to highlight the positive strategies adopted as a consequence of a disability. Covering letters may be used to pre-empt the challenges that may be faced in the employment, training or placement sought.
There is no legal obligation for a student or graduate to declare a disability prior to interview, but where disability disclosure is a requirement of an application form or a medical form it is important to comply with this request. A failure to do so could lead, if the candidate is appointed, to the termination of the employment in certain circumstances at a later stage.
Where a disability may have a bearing upon employment, training or placement it might also have a bearing on the recruitment process itself. Therefore, if necessary, disclosure should trigger ‘reasonable adjustments’ being made at the interview and pre-interview stages.
Disability disclosure is also crucial where ‘reasonable adjustments’ are likely to be required in the place of employment, training or placement itself. Disclosure by a candidate will assist the receiving company or organisation to arrange to provide items such as communicators at interview, specialist equipment, adaptations to premises and the presence of support workers. This may also include special training being provided for the disabled person. The Government funded Access to Work scheme may provide a company or organisation with additional funds to support such ‘reasonable adjustments.’
Disability disclosure will also strengthen the hand of a disabled applicant, trainee, employee or person on placement if they feel they have been unfairly treated and wish to make a complaint before a tribunal of appeal.
Health and safety at work may also raise issues that both the applicant and the employer will need to address.
The framework for disability disclosure for applicants provided by employers, training or placement providers
For employers, placement and training providers to comply with the Disability Discrimination Act (Amended 2006) the framework for disability disclosure is a prerequisite component part for meeting their duties under the Act and so avoid unnecessary discrimination.
Different parts of the Act confer similar duties on different sectors and specific activities:
Recruiters for employment, training and placement should anticipate the receipt of applications from individuals with disabilities and recognise that disability disclosure may be a very personal and difficult area for some disabled people.
Disabled applicants have a right to expect that their disclosure of disability will be treated confidentially and be regarded within a framework of equal opportunities under the relevant parts of the Act.
It is in the provider’s best interest to establish a positive atmosphere surrounding disclosure in their literature, application forms and how they organise pre-interview and interviews, etc.
Employers, training or placement providers have to take reasonable steps to find out if a person is disabled because they have a duty to ascertain if any ‘reasonable adjustments’ are required to the place of employment, circumstances of employment, or the equipment provided to undertake a job of work. Placement providers have to make ‘reasonable adjustments’ dependant upon the length of placement.
Providers of employment, training or placement are not expected to make ‘reasonable adjustments’ if they do not know, or could not be expected to know, that the applicant, employee, trainee or person on placement is disabled.
The Government funded Access to Work scheme can support employers financially to assist disabled people during recruitment, on work trials and in employment through funding items such as communicators at interview, specialist equipment, adaptations to premises and support workers. This may also include special training being provided for the disabled person. The range of funds available does vary, but the allocation may pay for the full costs of adjustments for applicants and new members of staff, and can contribute to the cost of adjustments for existing employees.
Health and safety at work may also raise issues that both the applicant and the employer will need to address.
Download, detailed advice on disclosing a disability by Skill, the National Bureau for Students with Disabilities.
Resources/references
Access to Work
Graduate Careers advice on disability discrimination
http://www.get.hobsons.co.uk/advice/equality-disability-disclosure
Sets out a clear case for the advantages of disability disclosure.
Disability disclosure for applicants for employment, training or placement
Disability disclosure is a very personal matter.
A disabled person may or may not feel that their disability will affect their ability to undertake the specified tasks set out in the description of an employment, placement or training opportunity.
In the case of someone with a hidden disability who believes that their disability is likely to have absolutely no impact on their intended employment, the case for non disclosure may seem strong. It is important to give this careful consideration as unintended discrimination may be the outcome of a decision of non disclosure, and the actual terms and conditions of employment may also be affected.
The act of disability disclosure should not be regarded by the candidate as the setting down of a negative marker against them.
Under the Disability Discrimination Act (Amended, 2006) disability disclose should take place within an equal opportunities framework.
Disability disclosure is best regarded as being a proactive decision for a disabled person, one that they have every right to expect to be received confidentially and positively by an employer or training or placement provider. Disclosure can be an important positive opportunity to focus upon individual personal qualities, skills acquired and strategies adopted for life, learning and work.
Where relevant an applicant’s CV might be drafted to highlight the positive strategies adopted as a consequence of a disability. Covering letters may be used to pre-empt the challenges that may be faced in the employment, training or placement sought.
There is no legal obligation for a student or graduate to declare a disability prior to interview, but where disability disclosure is a requirement of an application form or a medical form it is important to comply with this request. A failure to do so could lead, if the candidate is appointed, to the termination of the employment in certain circumstances at a later stage.
Where a disability may have a bearing upon employment, training or placement it might also have a bearing on the recruitment process itself. Therefore, if necessary, disclosure should trigger ‘reasonable adjustments’ being made at the interview and pre-interview stages.
Disability disclosure is also crucial where ‘reasonable adjustments’ are likely to be required in the place of employment, training or placement itself. Disclosure by a candidate will assist the receiving company or organisation to arrange to provide items such as communicators at interview, specialist equipment, adaptations to premises and the presence of support workers. This may also include special training being provided for the disabled person. The Government funded Access to Work scheme may provide a company or organisation with additional funds to support such ‘reasonable adjustments.’
Disability disclosure will also strengthen the hand of a disabled applicant, trainee, employee or person on placement if they feel they have been unfairly treated and wish to make a complaint before a tribunal of appeal.
Health and safety at work may also raise issues that both the applicant and the employer will need to address.
The framework for disability disclosure for applicants provided by employers, training or placement providers
For employers, placement and training providers to comply with the Disability Discrimination Act (Amended 2006) the framework for disability disclosure is a prerequisite component part for meeting their duties under the Act and so avoid unnecessary discrimination.
Different parts of the Act confer similar duties on different sectors and specific activities:
- Higher Education institutions, when arranging work placements, have duties under Part 4 of the Act;
- Employers employing disabled people have duties under Part 2 of the Act;
- Work placement providers offering both paid and unpaid placements as part of vocational training have duties under Part 2 of the Act.
Recruiters for employment, training and placement should anticipate the receipt of applications from individuals with disabilities and recognise that disability disclosure may be a very personal and difficult area for some disabled people.
Disabled applicants have a right to expect that their disclosure of disability will be treated confidentially and be regarded within a framework of equal opportunities under the relevant parts of the Act.
It is in the provider’s best interest to establish a positive atmosphere surrounding disclosure in their literature, application forms and how they organise pre-interview and interviews, etc.
Employers, training or placement providers have to take reasonable steps to find out if a person is disabled because they have a duty to ascertain if any ‘reasonable adjustments’ are required to the place of employment, circumstances of employment, or the equipment provided to undertake a job of work. Placement providers have to make ‘reasonable adjustments’ dependant upon the length of placement.
Providers of employment, training or placement are not expected to make ‘reasonable adjustments’ if they do not know, or could not be expected to know, that the applicant, employee, trainee or person on placement is disabled.
The Government funded Access to Work scheme can support employers financially to assist disabled people during recruitment, on work trials and in employment through funding items such as communicators at interview, specialist equipment, adaptations to premises and support workers. This may also include special training being provided for the disabled person. The range of funds available does vary, but the allocation may pay for the full costs of adjustments for applicants and new members of staff, and can contribute to the cost of adjustments for existing employees.
Health and safety at work may also raise issues that both the applicant and the employer will need to address.
Download, detailed advice on disclosing a disability by Skill, the National Bureau for Students with Disabilities.
Resources/references
Access to Work
Graduate Careers advice on disability discrimination
http://www.get.hobsons.co.uk/advice/equality-disability-disclosure
Sets out a clear case for the advantages of disability disclosure.
 Dr Val Chapman (NTF) Principal Investigator Director, Centre for Inclusive Learning Support Email: v.chapman@worc.ac.uk |
 Judith Waterfield (NTF) Head of Disability ASSIST Services Email: j.waterfield@plymouth.ac.uk |
 Dr Phil Gravestock (NTF) Head of Learning Enhancement and Technology Support Email: pgravestock@glos.ac.uk |
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tel: 01905 855402 email: usemyability@worc.ac.uk
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