Disability rights FAQ

Disabilty rights

The Disability Discrimination Act (DDA) 1995 protects disabled people during the recruitment process and throughout their employment. The Act covers the terms and conditions of employment, disciplinary proceedings, dismissal procedures, protection from harassment, training and promotion prospects.

What is the definition of a disability?

A disability is defined as a long-term physical or mental impairment that affects a person’s ability to carry out normal day to day activities. Dyslexia, asthma and clinical depression all come within this definition.

Do I have to tell my employer I have a disability?

You’re under no obligation to tell your employer. But as the Equality and Human Rights Commission (EHRC) points out, there is no duty on employers to make reasonable adjustments unless they know an employee is disabled and will require extra support at work as a result.

Can an employer ask about a disability on a job application form?

Employers are within their rights to ask about your disability, but they must not use the information to discriminate against you.

As a disabled jobseeker, what can I expect from an employer?

You should not be treated less favourably because of your disability. If a job offer is made, the employer must make “reasonable adjustments” to the workplace or to the employee’s working practices as necessary. What is “reasonable” will vary depending on the cost and ease of change, the employer’s resources and the financial help available.

These adjustments can include altering the business premises, reorganising someone’s working hours, or even assigning a disabled person to a different place of work. An employer’s failure to take necessary action would be classed as discrimination.

What do I do if I think I have been a victim of discrimination in the workplace?

The law places the onus on employers to disprove discrimination, rather than on the employee or jobseeker to prove it.
If you think you have been discriminated against, you can bring a discrimination claim to an employment tribunal. The success rate is around 17% or lower for claims alleging discrimination in recruitment.

Are any jobs exempt from the DDA?

Jobs in the Armed Forces are not covered by DDA legislation.