Disability and Employment.

What is disability?

Disability is defined in different ways for different purposes. In employment, the definition that is important is that within the Equality Act 2010 which is: A person is disabled if they have a physical or mental impairment which has a substantial and long-term adverse affect on their ability to carry out normal day-to-day activities.

Long-term means that the condition must last, or be likely to last, for more than 12 months, or that it is terminal.

Individuals with cancer, multiple sclerosis or HIV/AIDS are covered from the date of diagnosis regardless of the impact that the illness is having on their life at the time of diagnosis.

To be covered under the Act, a mental illness does not have to be clinically well recognised. The emphasis is on the impact of the symptoms rather than the label that has been attached to them.

Reasonable adjustments in the workplace:

An employer has to make ‘reasonable adjustments’ to avoid you being put at a disadvantage compared to non-disabled people in the workplace. For example, adjusting you’re working hours or providing you with a special piece of equipment to help you do the job.

Recruitment:

• An employer who’s recruiting staff may make limited enquiries about your health or disability.
• You can only be asked about your health or disability.
• To help decide if you can carry out a task that is an essential part of the work.
• To help find out if you can take part in an interview.
• To help decide if the interviewers need to make reasonable adjustments for you in a selection process.
• To help monitoring.
• If they want to increase the number of disabled people they employ.
• If they need to know for the purposes of national security checks.
  

You may be asked whether you have a health condition or disability on an application form or in an interview. You need to think about whether the question is one that is allowed to be asked at that stage of recruitment.

NB: It’s against the law for employers to discriminate against you because of a disability. The Equality Act 2010 in the UK protects you and covers areas including:

• Application forms
• Interview arrangements
• Aptitude or proficiency tests
• Job offers
• Terms of employment, including pay
• Promotion, transfer and training opportunities
• Dismissal or redundancy
• Discipline and grievances