What should I know about the law?
The Disability Discrimination Act 1995 (DDA) was the first UK anti-discrimination law to deal with disability. The DDA applies in England, Scotland and Wales, making it unlawful to discriminate against a disabled person within employment and education.
What counts as a disability?
According to the DDA, a person has a disability if he or she has a physical or mental impairment that has a major, long-term adverse effect on their ability to carry out normal, day-to-day activities. The DDA also protects people who had such a disability in the past.
The Secretary of State for Health has issued guidance to help in determining the definition of disability. This is available from the DRC - www.drc-gb.org.
If a person has a long-term physical or mental condition which means they have difficulty carrying out normal activities associated with daily living, they are likely to fall within this definition.
What is disability discrimination?
There are three possible claims:
- The employer has treated an employee or prospective employee less favourably for a reason relating to their disability
- The employer has failed to make a reasonable adjustment in respect of a disabled employee or applicant
- The employer has victimised someone
For more details on the Disability Discrimination Act and its workings visit www.disability.gov.uk/dda
(Acknowledgments to Hobsons for this summary)
Disclosing Your Disability After Securing Work Experience
Once you are offered a position, you may still have choose whether or not to disclose your disability (if you did not disclose it when applying). This may be a difficult decision. You are not obliged by law to disclose your disability, so you need to weigh up the pros and cons. The decision will vary depending on your disability and on the type of work experience you plan to do.
Most employers favour disclosure on application. If you disclose you may get extra help or allowances and people may be more understanding. The Access to Work scheme can help employers make adaptations for employees with a disability, so you don't want to miss out on this. However, you may be treated differently and may even be discriminated against.
It can be a good idea to let at least one person in the organisation know about your disability (ideally your line manager or HR representative). This does not mean it has to be public knowledge. If you tell your line manager in confidence, they should not discuss it with other colleagues without your permission.
Important
- If you require special arrangements (eg. access, interpreters etc) you must let the employer know as soon as possible, ideally at interview/job offer stage. They will only receive full financial support from Access to Work if their application is made BEFORE you have been in the job for 6 weeks.
- If your disability might cause a health and safety risk (both to yourself and to other people), you must disclose this to the employer.
Skill has produced an excellent handout on the pros and cons of disclosing
disability
www.skill.org.uk/info/infosheets/emp_disclose.doc
A more detailed discussion on this website of the issues around disclosure is available here
Making Arrangements for Adjustment
Before starting work experience, think about how your disability may impact on your work. Are there any specialist equipment, allowances or adjustments that need to be made? It can be good to talk this through with your line manager or HR representative. If you require adjustments, set up a meeting with one of these people as soon as possible.
Possible physical adjustments:
- Access - installing ramps, widening doors, disabled parking spaces
- Additional equipment - specialised keyboards, text phones
- Interpreters or translation (into Braille)/text reading services
Possible changes to working practices:
- Allowing you to take more regular breaks
- Flexible/altered working hours
- Working from home
- More time given for certain tasks
- Moving your work station, nearer to equipment/toilets etc.
- Providing you with a support assistant
Some support is available towards making adjustments for people with disabilities
- If you are in paid employment for over
8 hours a week, the organisation
can receive a grant towards costs from the Access
to Work Scheme. They should contact their local
job centre about this.
Ask to speak to a Disability Employment Adviser (DEA) who will be able to get you started.
www.jobcentreplus.gov.uk/cms.asp?Page=/Home/Customers/HelpForDisabledPeople/AccesstoWork - If the placement is voluntary/unpaid, you should be able to use equipment and resources provided through your Disabled Students' Allowance. Ask your institution's disability office for help.
Working with Colleagues
Think about how your colleagues may react to your disability. This may depend on whether you choose to disclose your disability or not. Remember, you may be the first person they have worked with who has your particular disability so curiosity is natural. Some people may be keen to help, but could be unsure about how best to offer it or what your reaction will be.
You could enlist your line manager's support and discuss likely reactions. Options include asking them to provide training for your colleagues in your particular disability, or sending an e-mail/memo round in advance explaining how your disability affects you and how they can best help.
Practical Arrangements
Starting in a new work place can be daunting for any employee, but there are some things you can do to help your first day go as smoothly as possible.
- Don't be late on your first day. Check the route to the premises, or public transport timetables. If you have difficulty using public transport or driving, you may be entitled to support through the Routes to Work scheme, this is offered through your local Job Centre under Access to Work.
- If possible, try visiting the premises before you start to get to know other people - and to get an idea of the clothing policy.
- Your organisation should give you clear instructions about who will look after you on your first day. If not, call them for a contact name.
- Knowing about the organisation can help you feel at home quicker. Look at the company website and check out your Careers Service for background information. You could also ask your contact within the organisation.
Preparing Yourself - Your Skills & Objectives
Before starting your placement, think about what you want to get out of the experience. Setting objectives can help you make the most of your time with the organisation. It can clarify your goals and keep you focused throughout.
You can use our on-line objective setting tool.
Identifying your current strengths and weaknesses can also be useful before you start. Knowing your strengths can give you the confidence to take on new tasks. Awareness of your weaknesses can help you identify ways to minimise them.
You can use our on-line skills Assessment tool.
