Applying for a job - disclosing disability
Applying for a job - disclosing disability
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Discussion

BMWBen

Original Poster:

4,906 posts

228 months

Wednesday 14th April 2010
quotequote all
I'm in the position of having a condition that's explicitly named in the DDA 2005, and as such I'm oblidged to disclose it when applying for jobs or when asked in any official capacity, "are you disabled?".

Cheers to New Labour for that one...

Anyway, I'm thinking of giving my career progression a boost by changing jobs, and so was looking for any general advice on what to expect and how to handle things.

My concerns are, that one look at what I've disclosed and the application goes in the bin (at most companies). And at those which it doesn't, it will be because they have the "give all disabled applicants an interview" policy. Which I find equally concerning because I'm then going to be faced with an interview panel who resent me.

Hmmm.

The silly thing is that if I wasn't obliged to disclose, then they would actually have no idea that there was anything wrong with me and I could genuinely be assessed without prejudice. Anyway... this isn't a rant thread wink

So any advice/experience in this area would be greatly appreciated.

pacman1

7,324 posts

220 months

Wednesday 14th April 2010
quotequote all
If it isn't something that will affect your performance, endanger your colleagues or require the company to inform their insurance privider, I'd stay quiet. You can always choose to tell them after you've got the job, and explain that in such a competitive job market you didn't want to run the risk of being 'marked down' on your application through anybody's ignorance of the condition.

On the flip side, it might work in your favour to tell them first, as employing you would allow the company to easily show that they are an equal opportunities employer of persons with disabilities. Can you find out if they employ others with disabilities?

Edited by pacman1 on Wednesday 14th April 13:14

BMWBen

Original Poster:

4,906 posts

228 months

Wednesday 14th April 2010
quotequote all
anonymous said:
[redacted]
There is in the 2005 act, and I'm on the list.

It's:
Cancer
HIV
MS

(and no I don't have bad-aids :P)

The "list" was added so that people with those conditions would explicitly be protected by the act, rather than having to argue their case, which in the case of MS is complicated, because it varies so much from person to person, and from day to week to month.

I have to tick the box, despite the fact that I cycle over 80 miles per week and compete at an international level in my chosen sport... Gubberment says I'm disabled innit wink


SJobson

13,732 posts

291 months

Wednesday 14th April 2010
quotequote all
If you didn't disclose it, what would the consequences be? The employer couldn't then sack you for failure to disclose, surely? That would be discriminatory.

BMWBen

Original Poster:

4,906 posts

228 months

Wednesday 14th April 2010
quotequote all
SJobson said:
If you didn't disclose it, what would the consequences be? The employer couldn't then sack you for failure to disclose, surely? That would be discriminatory.
Hmm good question - I'd have thought it would be the same as telling porkies on any other part of the application, i.e. do not pass go, do not collect £200.

cs02rm0

13,816 posts

218 months

Wednesday 14th April 2010
quotequote all
BMWBen said:
I have to tick the box, despite the fact that I cycle over 80 miles per week and compete at an international level in my chosen sport... Gubberment says I'm disabled innit wink
Tick the box and say that. If I read that, it would be a plus point if anything (and not in an upping token numbers kind of a way) and it'll stop you worrying about it.

Edited by cs02rm0 on Wednesday 14th April 14:02

BMWBen

Original Poster:

4,906 posts

228 months

Wednesday 14th April 2010
quotequote all
cs02rm0 said:
BMWBen said:
I have to tick the box, despite the fact that I cycle over 80 miles per week and compete at an international level in my chosen sport... Gubberment says I'm disabled innit wink
Tick the box and say that. If I read that, it would be a plus point if anything and it'll stop you worrying about it.
laugh well yes - unfortunately it's not that simple however, as there have been times in the last year when I've hardly been able to stand...

I guess the fact is I just have to go through the process and see what happens. If I'm not asked, I won't disclose. If I am I will.

pacman1

7,324 posts

220 months

Wednesday 14th April 2010
quotequote all
Hope all goes well for you Ben. smile

scirocco265

421 posts

203 months

Wednesday 14th April 2010
quotequote all
BMWBen said:
I guess the fact is I just have to go through the process and see what happens. If I'm not asked, I won't disclose. If I am I will.
Do this. Most employers only care if you have a disability if it means that you're going to be sick at short notice every single week, then it's a capability issue.

Dave_M

5,486 posts

251 months

Wednesday 14th April 2010
quotequote all
SJobson said:
If you didn't disclose it, what would the consequences be? The employer couldn't then sack you for failure to disclose, surely? That would be discriminatory.
No that wouldn't be discriminatory. The person would be liable for dismisal as it is clearly fraud if a lie is told on the form. That would render the form false. Obviously, it would depend on an employers viewpoint as to how serious such a thing is. Some may be understanding, others have a zero tolerance policy. If a person lies on the 1st form, the chances of further dishonesty are high.

If it is specifically asked, it should be answered honestly. There may be some way of expanding ob the tick box (e.g. I have x, this does not affect me normally, I have only had n days sick in y years).

I don't mean that to sound high handed or judgemental but a lie like that can bite.

Dave_M

5,486 posts

251 months

Wednesday 14th April 2010
quotequote all
BMWBen said:
SJobson said:
If you didn't disclose it, what would the consequences be? The employer couldn't then sack you for failure to disclose, surely? That would be discriminatory.
Hmm good question - I'd have thought it would be the same as telling porkies on any other part of the application, i.e. do not pass go, do not collect £200.
yes

BMWBen

Original Poster:

4,906 posts

228 months

Wednesday 14th April 2010
quotequote all
Cheers fellas, I'll report back as this progresses.

SJobson

13,732 posts

291 months

Wednesday 14th April 2010
quotequote all
Dave_M said:
SJobson said:
If you didn't disclose it, what would the consequences be? The employer couldn't then sack you for failure to disclose, surely? That would be discriminatory.
No that wouldn't be discriminatory. The person would be liable for dismisal as it is clearly fraud if a lie is told on the form.
Ah, I didn't suggest telling a lie in response to a direct question. But if Ben is statutorily obliged to mention his disability, and the form doesn't ask a direct question, then it's not actually a lie on the application form.

And in any case, if an applicant were to lie to a direct question asking about disability, then the employer sacked them for that, they would have a very good argument in their defence that they were simply avoiding any risk of discrimination.

BMWBen

Original Poster:

4,906 posts

228 months

Thursday 15th April 2010
quotequote all
SJobson said:
Dave_M said:
SJobson said:
If you didn't disclose it, what would the consequences be? The employer couldn't then sack you for failure to disclose, surely? That would be discriminatory.
No that wouldn't be discriminatory. The person would be liable for dismisal as it is clearly fraud if a lie is told on the form.
Ah, I didn't suggest telling a lie in response to a direct question. But if Ben is statutorily obliged to mention his disability, and the form doesn't ask a direct question, then it's not actually a lie on the application form.

And in any case, if an applicant were to lie to a direct question asking about disability, then the employer sacked them for that, they would have a very good argument in their defence that they were simply avoiding any risk of discrimination.
Well, this now gets interesting - the application form specifically asks if I'm disabled under the 1993 act. Which I might not be. But it's a defunct bit of legislation, so have they just cocked up? idea

Seems like an odd question to ask.

stig of the dump

31 posts

209 months

Thursday 15th April 2010
quotequote all
As a person that is covered by the DDA act I think it is up to me if I declare it. I have recently been re-employed and I did not disclose until, I was offered the job hurrah.

However, I am currently in the process of litigation against another who was aware of my disability and failed to make reasonable adjustments in a professional examination. Read into it what you like. From my point of view, be very careful when you chose to disclose as I am a firm believer that your application will get put in the bin.

There will be an opportunity to disclose after the job has been offered and your excuse was that I wished to be judged equally against any other candidates.

Scraggles

7,619 posts

251 months

Thursday 15th April 2010
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got a friend with ms, if he was a dog he would have been put down years back

not even his wife can translate his speech

nothing by mouth other than a fag, so everything by stomach tube, out by colostomy bag and catheter

spends day in bed or chair watching a tv he cant control.....

might have a few more years left if unlucky

tim2100

6,288 posts

284 months

Friday 16th April 2010
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From experience...

I never put my disability on application form unless it explicity states on there do I have disability. When in interview I explain to them that I am registered cripple and occasionally need time off but I try to keep this to aminimum in 2007 I didn't have any time off sick.

Always try and put it in a positive light, and that it shows they are equal opportunity employer.

So far this approach has not caused me problems. Also covers me that if I do need time off for whatever they cannot say I was not open. Often a new employer will ask me to see there occupation health or doctor, but they are not usually interested and are happy with a 5 min phone chat.

Hth
Tim

Odie

4,187 posts

209 months

Friday 16th April 2010
quotequote all
Id put it on the form, surely if they discriminate against you during the interview process then its really not somewhere you want to work?

Dave_M

5,486 posts

251 months

Saturday 17th April 2010
quotequote all
SJobson said:
Dave_M said:
SJobson said:
If you didn't disclose it, what would the consequences be? The employer couldn't then sack you for failure to disclose, surely? That would be discriminatory.
No that wouldn't be discriminatory. The person would be liable for dismisal as it is clearly fraud if a lie is told on the form.
Ah, I didn't suggest telling a lie in response to a direct question. But if Ben is statutorily obliged to mention his disability, and the form doesn't ask a direct question, then it's not actually a lie on the application form.

And in any case, if an applicant were to lie to a direct question asking about disability, then the employer sacked them for that, they would have a very good argument in their defence that they were simply avoiding any risk of discrimination.
Sorry, I misunderstoodsmile