Disability & Access To Work: The Law
You may be nervous about disclosing your disability at work, perhaps worrying people will judge you or won’t help – the law is on your side.
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 your working hours or providing you with a special piece of equipment to help you do the job.
Sometimes there can be a cost involved, e.g. for specialist equipment. This is not an excuse not to hire you, as there is support from the government to help employers fund this via the ‘access to work’ scheme.
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. The question may or may not be one that is allowed to be asked at that stage of recruitment.
Employment
It’s against the law for employers to discriminate against you because of a disability. The Equality Act 2010 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
Advice:
Citizens Advice offers advice on identifying discrimination and your rights.
If you believe you have been discriminated against, you can seek impartial advice from the Equality Advisory Support Service helpline. (It is also accessible for people using BSL). They do however recommend that you first seek advice from a local advice group like a Citizens Advice Bureau.
Disability Rights UK offer advice and support as well as campaigning for equal participation.
About Us
The general aim and objective of Head Up! is to promote the interests of young people with disabilities, physical and/or mental health conditions, specific learning difficulties and neurodivergence; offering them practical advice and support concerning their education and welfare.