Disability-and-Disclosure-2014

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Disability and Disclosure
Declaring a disability
There is no obligation for you to disclose a disability - it is your own decision. If, when and how you disclose
your disability requires careful consideration.
What is classed as a disability?
The Equality Act 2010 considers someone to be disabled if they have a physical or mental impairment that
has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.
Special rules apply to progressive conditions. For example people with cancer, HIV and multiple sclerosis
are protected from the time of diagnosis. A mental illness does not have to be clinically well recognised
before it is judged to be a mental impairment for the purposes of the Act. Certain conditions such as drug
and alcohol addiction are not regarded as impairments.
Why you may not wish to disclose a disability

You may not want an employer to know about your disability or health problem as you may feel that
your application will be rejected straight away and you may not be invited for an interview.

You may not feel that your disability or health condition affects your ability to undertake the role.

You may feel that your application will not be considered on its merits.

You may feel that you do not want to discuss your disability with a stranger.

You may feel that an employer will be concerned about the implications of your disability in terms of
requiring additional time off through illness, specialist equipment etc.
Deciding to declare a disability
Although you may be uncertain about how an employer may react, there are good reasons for telling a
potential employer about a disability.

You are protected by the Equality Act 2010: it is unlawful for employers to discriminate against
people with a disability in the recruitment and selection procedure.

The employer will be able to make reasonable adjustments for you: Under the Equality Act
2010, employers must also consider making any ' reasonable adjustments' you might need in order
to enable you to work for them. If you don't declare a disability, an employment tribunal might
decide that your employer was justified in failing to make adjustments for you. However, it could
also decide that your employer could reasonably be expected to know about your disability even if
you have not declared it. It is worth remembering that if your employer does not know you have a
disability, they cannot make any adjustments to help you succeed in your job. It also allows your
employer to deal with health and safety issues effectively and allows you to negotiate time off for
medical appointments.

You remain in control: you are able to control how you explain your disability which will allow you
to stress the positive aspects and deal with any negative perceptions or judgments at an early
stage.

Employers are positive about employing people with disabilities: many employers are
committed to employing people with a disability and actively seek to recruit such people. Look out
for the ‘Two Ticks’ symbol that many employers use to demonstrate their commitment to
considering disabled applicants.
When is the best time to disclose?
When considering whether to disclose your disability to an employer you need to think about each
application separately. Make your decision according to the particular employer/job role and how it relates
to your personal situation and circumstance. In all cases, focus on your abilities, and why you think you are
the right person for the job.
What to consider in making your decision
Before applying for any job try and take into account the following:

The nature of your disability and the work involved.

The terms and conditions of the job.

The nature and culture of the employer.

The health and safety aspects.

The consequences of not disclosing your disability.
CVs and Application Forms
CVs: If you are applying by CV, you can raise any extra issues relevant to your application in your covering
letter. If so, it should be done briefly and in a positive manner making sure you highlight any particular
achievements and/or strategies you have used to overcome any potential problems.
Don’t make the
disability the focus of the letter.
Application Forms: There are certain specific situations in which health or disability questions are allowed
to be asked during the early stages of the recruitment process, often in the application form. These are:

To establish whether the applicant can take part in an assessment to determine their suitability for
the job.

To determine whether any reasonable adjustments need to be made to enable a disabled person to
participate in an assessment during the recruitment process.

To find out whether a job applicant would be able to undertake a function that is intrinsic to the job.

To monitor diversity among job applicants.

To support “positive action” in employment for disabled people.
Employers must ensure that information on health or disability which has been obtained for the purpose of
making reasonable adjustments during the recruitment process does not form any part of the decisionmaking process about whether or not to offer a job.
Employers should keep any information on disability and health, obtained for the purpose of making
reasonable adjustments during the recruitment process, separately from other information.
If you feel that having a disability, or your life experience due to your disability, increases your ability to do
the job, mention this on the part of the application form that asks why you're suitable for the job. If you
don't disclose a disability, it may be harder to explain its positive aspects later on.
You may also be asked direct questions about disability and health on a medical questionnaire. Whether
you will need to fill one out, and at what stage you do this, can depend on the type of job or employer.
Attending Interviews
If you're shortlisted for an interview and need practical support such as a sign language interpreter, or you
need to ensure if the room and building is fully accessible, you should contact the employer straight away.
It's much easier for employers to respond to your needs if they can prepare in advance.
If you wait until the interview and you have a disability you haven't told the employer about, it may take
them by surprise and does not give them the opportunity to prepare. They may ask irrelevant questions
about your disability that you could have answered simply on the application form, or they could have
researched in advance. The time should be spent explaining why and how you're the right person for the
job, not focusing on issues of disability.
In any interview you need to be relaxed and present yourself in a positive manner and this is particularly
important if you feel the interviewer has little experience of your particular disability. You may need to take
the initiative by introducing what you feel are the relevant issues in this context and by offering to clarify
anything they need to know.
Dos and Don’ts
Do:

Be very positive about your skills and abilities.

Try to anticipate the interviewer’s anxieties and address these.

Provide factual information that is related to your ability to do the job but do not use complicated,
medical terminology. Remember: you know how your health situation or disability affects you, but
others may not.

Be prepared to make suggestions about what adjustments you may need in order to carry out the
duties of the job effectively.

Give positive examples of how you have met challenges in the past.

Demonstrate that your disability has not limited your personal achievements, study or work
performance.
Don’t:

Let your health or disability become the focus of the interview.

Allow room for doubts in the mind of the interviewer.

Assume that an employer will view you in a negative way.
Remember: job seeking can be a daunting experience, but don’t be tempted to use the interview as a
chance to air past grievances. Employers will want you to be positive and enthusiastic, so concentrate on
all of your achievements and skills.
Further Resources
For general information on disability, your rights and current legislation please visit:
https://www.gov.uk/browse/disabilities
EmployAbility: http://www.employ-ability.org.uk/
Disability Now: http://www.disabilitynow.org.uk/
Shaw Trust: http://www.shaw-trust.org.uk/
Use My Ability: http://www.usemyability.org.uk/
Disability Rights UK: http://www.disabilityrightsuk.org
Whizz Kidz: http://www.whizz-kidz.org.uk/
For further guidance and support at the University of Bolton please speak to:
Careers Team: 01204 903080 / careers@bolton.ac.uk
Disability Team: 01204 903478 / disabilityinfo@bolton.ac.uk
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