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Disability rights
Disabled jobseekers can expect to be protected from discrimination during the recruitment process and throughout their employment, thanks to the Disability Discrimination Act 1995 (DDA). The act's provisions include the terms and conditions of employment, disciplinary proceedings, dismissal procedures, protection from harassment, training and promotion prospects.
Since October 2004 the DDA rules have applied to most employers, no matter how small. A new DDA has been enforced since December 2005 that extends the protection to cover people who have HIV, cancer and multiple sclerosis from the moment they are diagnosed.
Here are some of the common questions about rights for the disabled jobseeker or employee:
What is the definition of a disability?
A disability is defined as a physical or mental impairment that has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities. Dyslexia, asthma and clinical depression are all classified as disabilities. The impairment must have lasted, or be likely to last, 12 months or be likely to recur in a 12-month period.
Must I tell a future employer of my disability?
You are not obliged to share this information. But the Disability Rights Commission (DRC) points out that there is no duty on employers to make reasonable adjustments unless they know that a person is disabled and likely to be affected by the workplace in some way.
Can an employer ask about a disability on job application forms?
Employers are within their rights to enquire about your disability, but they must not use the information to discriminate against you.
As a disabled jobseeker, what can I expect from an employer?
You should not be treated less favourably because of your disability at any stage of recruitment or employment.
If a job offer is made, the employer must make "reasonable adjustments" to the workplace or to the employee's working practices as required. What is "reasonable" will vary depending on the cost and ease of change, the employer's resources, and the financial help available.
These adjustments can include altering the business premises, reorganising someone's working hours, or even assigning a disabled person to a different place of work. An employer's failure to take necessary action would be classed as discrimination.
I think I have been discriminated against in an interview. What should I do?
The law places the onus on employers to disprove discriminatory behaviour, rather than on the employee or jobseeker to prove it.
If you think you have been discriminated against, you can bring a discrimination claim to an employment tribunal. Unfortunately, the success rate is around 17% and even lower for claims alleging discrimination in recruitment.
Are any jobs exempt from the DDA?
Jobs in the Armed Forces are not covered by DDA legislation.
Useful links
Totaljobs.com can only offer general guidance on legal issues. For specific advice, contact a solicitor, your nearest Citizens Advice Bureau or the Disability Rights Commission.
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