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Disability

Introduction

Disabled graduates are competing successfully in the graduate job market. In 2003, 56.8% of disabled graduates had entered employment within six months of graduating; 9.6% were unemployed compared with 6.9% of non-disabled graduates.

Success is also being achieved in key employment sectors: 9.4% entered employment as managers and administrators compared with 9.5% of non-disabled graduates (What Happens Next? A Report on the First Destinations of 2003 Graduates with Disabilities, AGCAS).

Several factors have had an impact on this success: graduate employers have taken positive action in their recruitment and selection processes and are aware of the need to make adjustments; legislation and the advocacy of disability organisations have hastened changes in attitudes and practice.

However, there are also issues that disabled students and graduates can address to make sure they access the same opportunities to achieve their personal and career goals. This section provides information and advice on those issues.

Marketing Yourself and Disclosure

In order to show an employer that you meet their requirements, it’s vital that you market yourself effectively. Whatever you write will influence how you are perceived.

Deciding to disclose the nature of your impairment to an employer is a personal choice, although you are obliged to mention your disability if you are asked a direct questions about it. Disclosing at an early stage will allow employers to make adjustments that may benefit you later, for instance at interview.

However, you may feel there is a danger you will be discriminated against if you reveal you have an impairment. There are many employers with strong records of non-discriminatory recruitment, but negative employers do still exist.

On the application form

If you do choose to disclose in your application form, it is important to do so in a positive way. Stress positive achievements and give examples. You may have gained sills as a result of a disability, and you should not be afraid to draw on these as selling points.
Making a positive statement about your disability may help to remove any doubts that an employer may have. Do not assume that they will be negative – your experiences may give you the edge over non-disabled applicants. In a teaching post, for instance, you could stress the advantages your dyslexia gives you in understanding different learning styles.

While it is important to present your disability positively, avoid focusing the whole application on the issue. Your main focus should be showing the employer your suitability, mentioning your disability only where appropriate.

Once you have made your application you may be called for an interview or an assessment centre. The DDA requires employers to ensure arrangements for these do not put disabled applicants at a disadvantage. You may not have disclosed that you have a disability up to this point, but this is a time when you may want to identify practical needs to ensure that you can have the same chance as other applicants. If you have not been invited to discuss your needs, take the initiative and contact them in advance – employers will need time to make appropriate arrangements.

At interview

This is your chance to further demonstrate that you meet the job criteria, focusing on your abilities, knowledge and experience. If you have not disclosed your disability up to this pint the interview presents another opportunity, although you may feel it is still not relevant to do so.

However, you may feel more comfortable disclosing in an interview situation where you can discuss the implications face to face and more clearly demonstrate your competencies. If you have previously mentioned your disability, it can be an opportunity to expand on the positive effects it has had on your life, and how it has enhanced your employability. As with application forms though, do not allow your disability to become the main focus – ensure appropriate time is devoted to discussing your skills and qualifications.

Some interviewers will have little experience of disability, and may feel anxious or unsure of workplace implications. While you know what your disability means and how it affects you, others may not. This is an opportunity to deal with any concerns or misconceptions/attitudes that an employer may have. Be prepared to make suggestions about what adjustments you would need to carry out the duties of the job effectively. You could take relevant information about funding or sources of information with you for the employer to follow up.

Implementing some of the advice above may be daunting if you have certain conditions, such as Asperger syndrome. You may feel uncomfortable with the high levels of communication and social interaction required during interviews. As you are entitled to ‘reasonable adjustments’, you could ask to be accompanied to the interview by someone you know, who could provide additional support or help clarify questions. Alternatively, you could ask to be assessed by a work trial, rather than by interview.

As with all disabilities, individual requirements will differ. For example, The National Autistic Society (NAS) runs an employment service, Prospects, which supports people with autism and Asperger syndrome by offering guidance in areas such as job searching and interviewing skills, communication, creating an effective CV and confidence building.

Understanding the law

Undeniably the most important piece of legislation for disabled employees is the Disability Discrimination Act (DDA). The bottom line of the Act is that the employer has a duty to make ‘reasonable adjustments’ to premises and working practices to ensure you are not at a substantial disadvantage compared to others. Virtually every aspect of employment is covered by the Act including the recruitment process, the terms and conditions of your employment, your chances for promotion, unfair treatment compared to other workers, harassment, victimisation and unfair dismissal.

If the disability has a genuine significant adverse effect on your ability to do the job and it can’t be remedied by a change in equipment or alteration to the building, then you won’t be protected by the law in getting the job. So the Act may also exempt certain types of organisations and jobs.

These are:

  • Prison officers
  • Fire fighters
  • Police officers
  • Members of the armed forces
  • Employees who work on board ships, aircraft and hovercraft
  • Employees who work largely or wholly outside Great Britain
  • Voluntary workers

There are also some exceptions, such as hay fever and poor eyesight, which are not considered disabilities.

There is a legal requirement under the DDA to ensure that arrangements which are made for interviews and assessment centres do not put applicants with disabilities at any kind of disadvantage. You may not have disclosed in your application that you have a disability, but you may want to identify practical needs to ensure that you can access the same opportunities as other applicants. The Employers’ Forum on Disability is now also tackling barrier-free e-recruitment to help employers remove the problems which currently prevent disabled people in the UK from applying for jobs online.

Facts and figures

  • Nearly one if five people of working age (6.9million) in private households in Great Britain are disabled. Source: Disability Rights Commission
  • Only five per cent of disabled people use wheelchairs. Source: Disability Rights Commission
  • Disabled people are no more likely to be generally ill then their non-disabled colleagues. Source: Disability Rights Commission

Further info

Your rights

The 1995 Disability Discrimination Act has far-reaching implications for employers. Claire Hall explains what it means for you

The 1995 Disability Discrimination Act (DDA) was the first piece of anti-discrimination legislation in the UK concerning disability. Part 2 of the Act covers employment, and the provisions apply to people who work for an employer and to applicants for employment.

In 2000 the Disability Rights Commission was set up to promote equality of opportunity for disabled people and to monitor and enforce the provisions of the DDA.

Since October 2004, all employers have been covered by the DDA, no matter how many staff they employ. Contract workers, the police, the fire services, statutory office holders, partners in partnerships, and barristers/advocates and their pupils are all covered. In addition to this, there is protection for people on work placements. The employment provision also cover other bodies such as trade organisations, qualification bodies, and organisations that provide employment services, such as Jobcentre Plus. Serving members of the armed forces are not covered.

Your rights under the DDA

Your employer has a duty to make reasonable adjustments to premises and working practices to ensure you are not at a substantial disadvantage compared with others.

This covers:

  • The recruitment process
  • The terms and conditions of your employment.
Your rights under the DDA also cover:
  • Your chances for promotion, transfer, training and benefits
  • Unfair treatment compared with other workers
  • Harassment and victimisation
  • Unfair dismissal.

Applicants for employment

A prospective employer must make sure that they do not treat a disabled person less favourably then others because of their disability. For example, it would be unlawful to refuse to interview a disabled applicant or appoint a disabled person because they are disable (although it can be difficult to prove that the disability was the reason for their refusal).

Employers should discuss applicants’ needs with them, but may consider the following:

  • Making application forms available in a variety of formats, such as Braille or audio tape
  • Conducting the interview in accessible premises
  • Reviewing the appropriateness of the selection process. If it includes a test, for example, they could give a disabled applicant extra time.

Discrimination in employment

It is against the law for an employer to treat a disabled worker less favourably than other employees for a reason relating to that person’s disability. Failing to offer a disabled person the opportunity to go on a training course because the course is in an inaccessible building, or dismissing a disabled person who is off sick are both examples of less favourable treatment.

Employers have a duty to make reasonable adjustments so the disabled employee is not placed at a disadvantage compared with other staff. Adjustments may include:

  • Making adjustments to premises, such as lowering light switches to place them within easy reach, or ensuring access routes are free of clutter
  • Being flexible about working hours
  • Allowing absences during working hours for treatment
  • Providing appropriate equipment, such as a telephone with a text display
  • Making instructions and manuals more accessible, for example providing a Braille version for a blind person
  • Providing a reader or interpreter

The Law in practice

Gaynor Meikle vs Nottinghamshire County council

The Court of appeal backed an Employment Appeal Tribunal finding that teacher Gaynor Meikle had been discriminated against under the terms of the DDA. The Court rules that she was constructively dismissed and should have received full pay, not sick pay, when she experience sight loss.

Susan Archibald vs Fife Council

When complications following surgery left Susan Archibald, a road sweeper, unable to walk ,she retrained and applied for over 100 posts within the council, but was unsuccessful. The House of Lords ruled that Fife Council failed to make reasonable adjustments, overturning earlier rulings by the Employment Appeal Tribunal and the Court Sessions.

‘A person has a disability if he or she has a physical or mental impairment that has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities’ 1995 Disability Discrimination Act

Find out more

Disability Rights Commission
Tel: 0845 7622633
Text: 0845 7622644
www.drc-gb.org

What can I do if I'm being discriminated against because I'm disabled?

There are currently over 6.5 million disabled people of working age in Britain of whom half are in employment so employers should know better than to discriminate against you.

Unfortunately, however even with the more recent Disability Discrimination Act, there's still a long way to go.

It is against the law for your employer or a potential employer to discriminate against you because of a reason relating to your disability if they employ 15 or more people, including in:

  • Recruitment
  • Promotion
  • Terms and conditions of employment
  • Training
  • Selection for dismissal
If you believe you are being discriminated against or lose your job for any reason connected with your disability:
  • Get union help or employment advice immediately
  • Keep a record of problems, abuse, discrimination at work
  • If you visit your GP as a result, ask them to record what you tell them about your treatment at work

Your employer may have to make reasonable adjustments if the current working arrangements or premises substantially disadvantage you as an employee or disabled applicant. These could include:

  • Taxis to and from work
  • Email and fax access from home
  • Ground floor accommodation at work
  • Larger rooms/doors
  • Provision for guide dogs

They must in any case include you and your needs in the risk assessment they are obliged by law to carry out for all staff.

It's also worth knowing about the powers of the new Disability Rights Commission. This body is responsible for encouraging good practice, advising government and keeping employers informed. It can also:

  • Conduct formal investigations where it believes there is discrimination
  • Make binding agreements with employers for improvements
  • Assist individuals to take a case to an employment tribunal

The Act defines disability as:

  • A physical or mental impairment which has a substantial and long-term adverse effect on your ability to carry out normal day to day activities, such as your ability to move or change positions or severe dyslexia or a speech impediment
  • Progressive conditions such as arthritis or muscular dystrophy

Certain conditions are excluded by the Act such as:

  • Asymptomatic HIV
  • Hayfever
  • Addiction to alcohol or drugs

How can Career Development Services help?

Our services are open to any student or graduate of the University of Bradford, and you may be eligible to use us even if you're a graduate of another university - see our advice page for more information. We can arrange for you to speak confidentially to a Career Development Adviser about your own individual circumstances and the best way to positively market yourself to employers, as well as anything else careers-related that you need guidance with.

You can also use our Information Room, to access information on specific occupations and employers, travelling and working abroad, labour market information, volunteering, placements, jobseeking skills - anything 'careers-related' really! We also have a state of the art computer cluster (if you are a graduate you will need to bring photo ID in order for us to make you a password). There will always be a member of staff on hand to help you find the information you want.

In term-time we're open 9-6 Monday to Thursday and 9-4 on Fridays, and we're open 9-4 Monday to Friday during vacations. Our contact details are:

Top tips:

Prospects.ac.uk logo linking to the Handling Discrimination pagesProspects.ac.uk offers the following top tips from the 'Handling Discrimination' section of their website:

  • Be aware of potential discrimination, but remember the DDA is there to protect you.
  • Look for disability-positive employers, but consider all opportunities on their merits.
  • Always be positive when disclosing your disability, and use examples of how you have overcome problems in the past.
  • Try to anticipate employers’ concerns and be ready to address them. Make them aware that financial support is available for adjustments.
  • There are many sources of support, advice and information available. Use them to your advantage!

Sources of further information:


Contacts

Websites

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