Disability rights at work

Under the Equality Act 2010 it is illegal for employers to discriminate against anyone because of a disability.

This covers everything from application forms, interview arrangements and tests and job offers to pay, promotion, training opportunities, dismissal, redundancy and disciplinary action.

In the recruitment process you can only be asked about your health or disability if it would have an impact on;

• Your ability to carry out essential tasks
• To help with monitoring
• To find out if you can take part in the interview
• To help the employer make adjustments to the selection process
• If they need to know for national security checks
• If they want to increase the number of people they recruit who have a disability

An employer has to make ‘reasonable’ adjustments to ensure you can do your job without being put at a disadvantage.

You cannot be chosen for redundancy because of your disability or be forced to retire if you become disabled.

What does disability include?

Disability includes mental health issues that have a ‘substantial’ and ‘long-term’ [12 months or more] negative effect on your ability to do normal daily activities.

People with progressive conditions can be classed as disable and will automatically meet the disability definition under the Equality Act 2010 if they are diagnosed with HIV infection, cancer or multiple sclerosis.

Addiction to drugs and alcohol is not classed as a disability.

For more information visit Disability Rights UK.

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