Disclosure in the recruitment process

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Open Doors
Skills for Successful Employment
20th February 2013
Sharron Sturgess – Counselling and Disability Service
Susan Reed – Careers and Employability Centre
Supported by the Alumni Development Fund
Welcome
 Housekeeping
 Plan for the day
 Exhibitors and refreshments
 Evaluation and feedback
Background to the event
 June 2012 - Joint working between CDS and
CEC to look at employment issues for
disabled students
 Decided on an event and resources
 Summer 2012 - Applied for funding from
Alumni Development Trust
 February 2013 – Open Doors event
 Easter 2013 – development of on line
resources
Ice Breaker
In pairs your have 1 minute to find out the
name of your partner and share an
interesting fact about yourself.
Be prepared to share one of your facts with
the whole group!
Disclosing a disability in the
Recruitment Process
Presenters:
Karen Watts (Mental Health Support Team)
Natalie McKeown (Disability Office)
Sharron Sturgess (Disability Office)
Outline of the session
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Your rights under the law
Reasons for disclosure – group exercise
When to disclose
Case study
Question and answer
How does the law define disability?
The Equality Act (2010) defines a disability as:
“A physical or mental impairment that has a
substantial and long-term effect on a person’s
ability to carry out normal day-to-day
activities.”
Long-term means has lasted or is likely to last
12 months or more.
What type of disabilities does the law cover?
Visual impairment, MS, Cancer and HIV are automatically
covered, but the law potentially also covers the following;
 Dyslexia, dyspraxia, dyscalculia, AD(H)D
 Mental health difficulties (including depression, anxiety,
eating disorders)
 Physical disabilities
 Deaf/Hard of Hearing
 Medical conditions (including Chron’s disease, Chronic
Fatigue Syndrome, epilepsy, diabetes etc)
 Asperger’s Syndrome/Autistic Spectrum Conditions
What rights do applicants have under the law?
 Employers cannot reject an application
solely on the grounds of disability.
 In general terms, employers cannot ask
about health or disability unless or until they
offer you a job.
 This includes questions about previous
sickness or absence.
 BUT, there are some exceptions....
Some exceptions
 Employers can ask about health or disability during recruitment
only for the following reasons...
 To establish if an applicant can take part in the recruitment
process;
 To establish if any adjustments need to be made to the
recruitment process;
 To find out if the applicant would be able to carry out a task
intrinsic to the job;
 For monitoring purposes (data should then be held separately);
 To take positive action;
 If there is an occupational requirement for the person to be
disabled.
What if you think an employer has discriminated against you?
 If on placement you can contact the Careers and
Employability Centre for advice.
 You can call the Equality Advisory Support
Service (EASS) on 0808 800 0082.
 Contact the Disability Law Service (charitable
organisation) for advice on 020 7791 9800
 You can make a complaint to the Equality and
Human Rights Commission (EHRC)
http://www.equalityhumanrights.com/
Employer Responsibilities post-offer
 Once an employer has offered a position they
also have duties towards disabled employees:
 To ensure reasonable adjustments are
considered (potentially via Occupational
Health)
 To ensure disabled staff are not treated less
favourably
 To ensure disabled staff are not harassed
Group Exercise
 Why might you choose to disclose a disability
in the recruitment process?
 Why might you not choose to disclose a
disability in the recruitment process?
Reasons for Disclosure
 Protection under the law
 Proactive approach – you can present your
disability confidently and positively
 Positive employers – employers who focus on
your ability rather than disability
 Equal Opportunities Policy
 Job Centre Plus ‘two ticks’ symbol
 Employers’ Forum on Disability
Reasons for Disclosure 2
• The employer is prepared which can be very useful
e.g. arrangements can be made for extra time for
psychometric tests if you have dyslexia.
• Are there health and safety implications?
• You maybe eligible for funding through Access to
Work to cover extra costs at work e.g. specialist
equipment or adaptations.
• Employers often use equal opportunities monitoring
forms which are detached before reaching the
recruiter.
Reasons Against Disclosure
 The fear of potential discrimination
 Labelling
 Your disability or condition is not relevant
to your ability to do the job so why bother
disclosing?
 Competition for jobs, the job market is too
competitive and disclosing may make you
appear less employable than the next
applicant
When Should I Disclose?
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Consider your own situation in making your decision
when to disclose. Options:
Application form – however, this is the first contact
you will have with the employer. You could use the
supporting statement or competency based questions
Equal opportunity monitoring form
CV/covering letter – covering letter could be a good
place
Assessment Centre – tell the employer in advance
At a later stage – after the job offer or when you have
started work
Case Study
• Background
• Work placement arrangements
• What we can do
• Positive Outcomes....
Background
 1 in 6 people experience mental health difficulties in any given week (New
Horizons, 2010)
A student being supported by the Mental Health Support
Team, attempting to find a 3rd year work placement. With
a history of depression, anxiety and OCD, the student
gave careful consideration to the potential employer and
the role to be undertaken.
Previous employment experiences had ended badly due
to issues relating to mental health difficulties. No
disclosure had been made, therefore employer support
was not forthcoming.
The Work Placement Arrangements
 60% of people with mental health difficulties say they have been put off
applying for a job as they expect to be dealt with unfairly (Social Exclusion
Unit, 2004)
After receiving a conditional offer from an employer, the
student also received a health questionnaire. After
discussion, the student decided that in order to receive
the correct support from both the University and the
employer, disclosure would be made. From this, the
employer was able to assess the students needs.
What we can do
 There are a number of factors which support a healthy and
productive workplace (MindFul Employer, 2007)
 In cases where difficult decisions about disclosure have
to be made, we can talk through the benefits of disclosing
and the advantages that might come from it.
 We can ensure that students are aware of their rights
under the Equality act.
 We can help to inform the employer of possible
reasonable reactionary or anticipatory adjustment
considering the individuals needs.
 Discuss supervision requirements with placement
supervisors.
Positive Outcomes
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A positive outcome to the disclosure process should be the aim for
both employers and employees.
Some of the things we might expect from disclosure are:
 Support and understanding from managers and supervisors
 Less pressure, therefore reduced anxiety
 Assessment – consideration of task performance in relation
to difficulties
 Adjustments, eg. Part-time work, flexibility, time off for
appointments, increased supervision
 Committed employees
 Positive experiences of employment.
 A more healthy workforce.
Further resources
 Government Equalities Office Guide, available at:
www.homeoffice.gov.uk/publications/equalities/equality
-act-publications/equality-act-guidance/employmenthealth-questions?view=Binary
 Employers Forum on Disability – www.employersforum.co.uk, employers with a positive approach to
recruitment.
 Equality and Human Rights Commission (EHRC),
www.equalityhumanrights.com/
 Careers and Employability Centre website
www.careers.lboro.ac.uk includes a section for disabled
students.
Useful Contacts
Disability Office
Email: disability@lboro.ac.uk
Tel: (01509) 222770
Drop in: Mondays 12.30-1.30, Wednesdays 12.30-2.30 , Fridays
12.30-1.30 in K104 (Manzoni)
Mental Health Support Team
Email: mhst@lboro.ac.uk
Tel: (01509) 228338
Careers and Employability Centre
Email: careers@lboro.ac.uk
Tel: (01509) 222052
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