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FAQs
What is a disability?
The Equality Act 2010 defines a disabled person as someone who has a physical or mental impairment which has a substantial and long-
Do I have to disclose an impairment?
You do not have to disclose an impairment in relation to employment. However, the majority of employers and employment services would encourage you to do so. It is in both your interests, as if an employer is not aware of an impairment, they will be unable to make the sorts of minor reasonable adjustments which would enable you to do your work properly. By disclosing an impairment in a positive manner (see below), you can avoid misconceptions by your existing or potential employer.
How can I disclose my disability in a positive way?
You can be positive by giving examples of how you overcome your difficulties, being honest and focusing on your abilities and what you can do. You can also provide them with information on your disability to raise their awareness and let them know that you are supported by a local service.
Where do I get employment-
If you are already in employment, the Citizens Advice may be able to help. Alternatively, if you are a member of a Trade Union, they may be able to help.
What external help is available?
Access to Work is a specialist Scheme from the JobCentre which offers advice and practical support to both disabled people and their employers. It aims to provide support to disabled people whose impairment or health condition affects their ability to do a job or means that they have to pay work-
Work and Health Programme is for disabled people who are experiencing complex barriers to work by giving them personal support for employment needs and more. It is voluntary unless an individual has been out of work for two years.
Intensive Personalised Employment Support is a one-to-one support and training service for out of work people with a disability or health condition. The service offers people 15 months of support to get employment and 6 additional months after employment.
What are an employer’s responsibilities under the Equality Act?
Disabled people share the same general employment rights as other workers, but there are also some special provisions for them under the Equality Act 2010 so that they do not suffer a substantial disadvantage because of their impairment. One important aspect of this is the right to ”reasonable adjustments” being made to the workplace in order to assist a disabled person to perform their duties effectively. This may be as simple as modifying work tasks, providing aids, adjusting hours or making changes to the work environment itself. Should an adjustment have financial implications it may be possible for them to get help via the Access to Work scheme.
If I disclose my impairment do I gain protection under the Equality Act?
Yes. An employer needs to know about your impairment so that they can make reasonable adjustments and ensure that they are adhering to the law.
What are an employer’s responsibilities under the Equality Act?
One important aspect of this is the right to reasonable adjustments being made to the workplace in order to assist a person with a disability to perform their duties. More information on the Equality Act can be found here.
What help is available if I become disabled during my working life?
If you wish to remain in employment, your employer must make reasonable adjustments, where necessary, to enable you to stay in your position or a similar one. Help and expertise is available from a number of sources.
Should you become unemployed there are various Social Security benefits available through the Department for Work and Pensions. There are also local services which can support you back into employment.
Will my social security benefits be affected by my starting work?
Assuming eligibility, DLA and its replacement PIP, are payable whether or not you are working, as they are intended to address the additional costs that an impairment imposes on going about normal life.
The position for ESA, is different, however, and generally, a disabled person is not entitled to this in any week in which they work, whether or not they expect to be paid for it, as they will be regarded as capable of work. However, an important exception to this is what is called “permitted work”, which allows a person to try out work within certain limits.
Income-
Can I do voluntary work and still claim benefits?
If you are in receipt of ESA, you can apply for voluntary or part-time work for non-profit organizations other than a relative without affecting your benefits, as long as you are not being paid, other than expenses “reasonably incurred in connection with that work.” such as, travel, meals or childminding. There is no limit to how long you can volunteer.
Will social security benefits be affected by working?
DLA and PIP are payable whether or not a disabled person is working, as they are intended to address the additional costs that an impairment causes in going about normal life.
The position for ESA, is different, however, and generally, a disabled person is not entitled to this in any week in which they work, whether or not they expect to be paid for it, as they will be regarded as capable of work. However, an important exception to this is what is called “permitted work”, which allows a person to try out work within certain limits.
Income-
How is the best way to help a disabled person who is seeking work?
The first thing should be to encourage the disabled person to make contact with their nearest JobcentrePlus. A Personal Advisor will normally be appointed for them, who will be backed up by staff with specialist knowledge, contacts and experience of dealing with employment issues for other disabled people.
What support is available once someone is in work?
Under the Equality Act 2010, employers are required to make appropriate “reasonable adjustments" to the working environment for a disabled employee so that they are not disadvantaged relative to their colleagues. The question of what is “reasonable” should take account of the size and nature of the employing organization. They need not be expensive or complex to make.
The Access to Work scheme offers specialist advice and support to both disabled people and their employers and may be able to help. Under this scheme, the definition of disability in the Equality Act may be extended to include impairments and health conditions that are only apparent in the workplace.
What support is available for Carers?
Within Buckinghamshire and Milton Keynes, Carers Bucks supports and promotes the well-
Carer’s Allowance is a benefit paid to a carer who is regularly looking after someone else with substantial caring needs and who is receiving PIP (daily living component-
A Carer’s Allowance is not payable if the carer’s net earnings (after certain deductions) are above an earning’s limit – currently £67.25 per week. It is a taxable benefit and may affect other benefits claimed.
Claims are made on form DS700, (or DS700SP if you get a state pension) available from a Jobcentre Plus office or online
Note:-
What are “reasonable adjustments” and who pays for them?
Employers have a duty to provide and pay for “reasonable adjustments” so that an employee who becomes disabled or whose condition changes or deteriorates is not put at a substantial disadvantage in their work. The cost of an adjustment, as well as the size and scope of the employing organisation, are factors in deciding what is reasonable or not.
What if one of my employees becomes disabled?
Retaining individuals who become disabled are almost always financially beneficial to an employer; this may require some flexibility on both sides, but savings are made as new staff are not required, and costs for recruitment and subsequent training are avoided. There is a further discussion under retention.
What does the law say about employing people with a disability?
The Equality Act 2010 states that disabled people have a right to fair treatment relating to employment. Employers are acting unlawfully if they discriminate against current or prospective employees because of an impairment or health condition.
What is the definition of disability?
A person is disabled under the 2010 Equality Act if they have a physical or mental impairment that has a “substantial and “long-
How can I encourage people with a disability to apply for vacancies?
By taking part in the Disability Confident scheme and ensuring that advertisements and application forms are fully accessible to all. A thorough equality and diversity policy will ensure that people are not treated unfairly.
How can I support an employee with a disability?
People with a long term health condition or an impairment are experts about their own condition and will know what is right and helpful for them and what works. By simply listening to and consulting with them and relevant supporting organisations, you can ensure appropriate measures are in place.
Extra Reading
The Chartered Institute of Personnel and Development (CIPD) has published a comprehensive factsheet about Disability and employment guide, suggesting good employment practices, and looking at the different types of discrimination.
The Royal National Institute of Blind People (RNIB) has published A vocational rehabilitation guide, that is helping people with long-
Employing Disabled People and those with long term health conditions.
There can be good business reasons for encouraging applications from disabled people or those with a long term health condition.
- It can increase the number and available choice of high quality applicants.
- Most people with an impairment can work alongside other colleagues with no – or very little – special assistance. Some people may need an adjustment to their working environment or working practices, but these are not necessarily expensive or complicated; and there may be financial or support based assistance available.
- Some of these adjustments can also bring benefits for other employees and customers, such as using wheelchair access ramps (easier for parents with toddlers using pushchairs), handrails on steep steps or simply promoting a company as an equal opportunities employer.
- It is nearly always more cost effective to retain an experienced, skilled employee who has become ill or disabled, than to recruit and train new staff given the costs involved. It is also good for the individual.
- It can bring additional useful skills to the business, such as the ability to use Sign Language
- Some employers have found disabled employees stay in the job for longer, and have a strong commitment to work as well as good punctuality and low rates of absence. Equally some individuals can make a valued contribution to the work place by being prepared to carry out essential but perhaps routine and/or repetitive tasks very well.
- It can help create a workforce that reflects the diverse range of contacts the business has and the community in which it is based. This may can also help increase the number of customers with impairments using an employer’s service and improve staff morale, since they will view the organisation as more representative and diverse.
- Under certain circumstances, it can be lawful for an employer to treat a disabled person more favourably in comparison to a non-
disabled person. The new “positive action provisions” of the 2010 Equality Act mean that an employer may recruit or promote a candidate who is of equal merit to another candidate, if he or she reasonably thinks the candidate: has a “protected characteristic” such as disability, that is underrepresented in the workforce; or that people with that characteristic suffer a disadvantage connected to that characteristic. - Adopting good practice and complying with the duties and requirements of the Equality Act raises a profile as a good employer and reduces the risk of litigation.
Further Information
The Disability Confident scheme is designed to help recruit and retain disabled people and people with health conditions for their skills and talent.
The Chartered Institute of Personnel and Development (CIPD) has published comprehensive information about disability and employment.
The RNIB has published a comprehensive guide to vocational rehabilitation, that is, helping someone with a health problem to stay at, return to, or remain in work.
The sorts of measures – “reasonable adjustments”-
- For a physically impaired employee: making sure that the layout of the working environment is accessible and free from obstructions; agreeing to a personal emergency evacuation procedure with them if they require assistance; or providing assistive computer equipment such as modifications to hardware, or voice-activated software.
- For a blind or partially sighted employee: making alterations to the working environment; supplying documents in audio or Braille formats; carrying out a risk assessment of the workplace; arranging a tour of the workplace; providing software or technology that magnifies onscreen text and images or converts text to sound.
- For an employee with a hearing impairment: providing information in accessible formats; or seating an employee in a quiet area, away from distracting noises; using adapted telephones with adjustable volumes and lights.
- For an individual with a mental health condition: offering flexible working patterns, including changes to start and finish times and adaptable break times; providing a quiet place to work; helping create an action plan to help them manage their condition.
- For an employee with a learning disability: allowing work trials instead of formal interviews; using specialist in-
work support to help in learning a role. - For an employee with dyslexia: allowing meetings to be recorded on tape, or have text-
to- speech or speech- to- text software. - For an employee with an Autistic Spectrum Condition: maintaining a structured working environment and routine; avoiding language which is hypothetical or abstract or avoiding making statements that could be taken literally.
- For an employee who recently became disabled a fazed reintroduction to work including flexible hours or part-time working.
- Services such as training opportunities, recreation and refreshment facilities.
Why should someone with an impairment be referred to an employment specialist?
Employment specialists who know about the local employment market and who are knowledgeable about and experienced in assisting disabled people and those with long term health conditions, aim to match the two in finding suitable positions for people. From the point of view of a business or organisation, employing somebody with an impairment is in most respects little different from employing anybody else. However, it can help if there is an experienced intermediary involved who can smooth over any difficulties. They will have in-
How do I refer someone to a local employment service?
Some local services accept self-
When accessing a service, are there any problems which can occur with sources of funding, such as joint funding?
Occasionally there may be restrictions on accessing more than one service from the same funding stream e.g. European Social Fund, but this is unusual and will be stated quite clearly if it is a potential issue.