DIVERSITY BRIEFINGS – DISABILITY

The Graduate’s Perspective

Definitions

Disabled Person

The Disability Discrimination Act (DDA) defines a "disabled person" as an individual with a "physical (including sensory) impairment or mental impairment which has a substantial and long term adverse effect on their ability to carry out normal day-to-day activities". This means for an individual to be covered by the Act's definition of Disability:

they must have an impairment, that is either mental or physical, which includes sensory impairment (such as hearing or vision)
the impairment must have adverse effects which are substantial; e.g. non trivial or goes beyond normal differences between people
the substantial effects must be long term; either the effect must have lasted 12 months or is likely to have an effect for at least 12 months
the long term substantial effects must have an adverse effect on normal day-to-day activities

It is important to be aware of the following:

someone with a Mental Health condition additionally requires that the illness is 'clinically well recognised' to be covered by the DDA's definition of disability
a person who has recovered from a disability, which was covered by the definition in the Act, is still covered by the legislation and is protected from discrimination
it does not automatically follow that if an individual is receiving disability benefits that they meet the criteria of disability under the Act
the legislation recognises the compound effect of multiple disabilities which individually would not constitute a disability as defined by the DDA
if someone has a progressive impairment such as multiple sclerosis it is not necessary to show that the condition is having a substantial effect currently to be covered by the DDA. But it is necessary that the condition does have some effect on the individual's ability to perform day to day activities and the condition is likely to have a substantial adverse effect in the future

Specific Issues

A growing number of employers have policies that encourage diversity in their workforce, and the Disability Discrimination Act (DDA) aims to stop discrimination against people because of their disability. It is now illegal to treat someone with a disability less favourably than someone without, and the Act places a requirement on employers to make ‘reasonable adjustments’ to remove any barriers you may encounter because of your disability.

This leaves you with the question of when and how to go about disclosing your disability (you don’t have to disclose, but if you don’t you can’t claim the protection of the DDA). There’s more advice about disclosing in the Resources section, but think about the possible implications of your condition for you, and focus on the positive things. A careers advisor can help you with this.

DDA and employment

Part II of the DDA came into force on 2 December 1996 and makes it unlawful for an employer to treat a disabled applicant or employee less favourably than others because of their disability.

Until October 2004, the Act covered all employers with 15 or more employees except some professions, such as the police and armed forces.

From October 2004, employers with fewer than 15 employees are also covered, including many of the previously excluded professions such as the fire, police and prison services. However, serving members of the armed forces will not.

Under the Act the employer has a duty to make 'reasonable adjustments' if a disabled applicant or employee is at a substantial disadvantage in relation to others. The duty applies both to physical features of the employers' premises, e.g. buildings, fittings and equipment and to all aspects of employment including; recruitment and selection, training, transfer, career development and retention.

It is against the law for employers to discriminate against a disabled person because of their disability:

in the way they decide who gets the job - for example, the way the applications are handled; the way the interview is carried out; or tests given to candidates
in the terms on which they offer a job - for example, by giving only a short-term contract
by refusing or omitting to offer a job.

If a disabled person has grounds to believe they have been discriminated against by an employer they can take the organisation to an Employment Tribunal to seek compensation. Alternatively they can seek a resolution through a conciliation process through bodies such as ACAS.

Access to Work

The Access to Work programme is a government funding scheme run by Jobcentre Plus. It provides financial assistance towards the extra costs of employing someone with a disability. It is available to unemployed, employed and self-employed people and can apply to any job, full-time or part-time, permanent or temporary.

The type of support available includes:

a communicator at a job interview for people who are deaf or have a hearing impairment
a reader at work for someone who is blind or has a visual impairment
a support worker if someone needs practical help because of their disability, either at work or getting to work
adaptations to a vehicle, or help towards taxi fares or other transport costs if someone cannot use public transport to get to work because of their disability
equipment (or alterations to existing equipment) necessary because of an individual's disability
alterations to premises or a working environment necessary because of a person's disability.

The funding available depends on the employment status of the disabled individual at the time of application.

unemployed people starting a job and all self-employed people: the programme will pay up to 100% of all approved costs
people changing jobs: the programme will pay up to 100% of all approved costs
employed people who have been with the employer for six weeks or longer: Access to Work will not make any contribution to costs below £300. Above this sum, the programme will pay up to 80% of the costs up to £10,000 and up to 100% of the costs above £10,000
travel to work: the programme will pay up to 100% of all approved costs irrespective of employment status
communicator support at interview: the programme will pay up to 100% of all approved costs irrespective of employment status.
a support worker: the programme will pay up to 100% of all approved costs irrespective of employment status

Access to Work funding is made available for up to three years. A review of an individual's circumstances and support needs will take place if further funding is needed after this time.

Further Information

The Access to Work programme is administered by Jobcentre Plus. www.jobcentreplus.gov.uk/cms.asp?Page=/Home/Customers/HelpForDisabledPeople/AccesstoWork

Note: Access to Work funding is not available retrospectively. It will not refund any payments that have already been made towards the cost of reasonable adjustments.

Disabled Students Allowance (DSA)

The DSA helps to cover the extra costs that disabled students may have to pay in attending a course as a direct result of their disability. The allowances can help with the cost of a non-medical personal helper, items of specialist equipment, travel and other costs. A guide can be downloaded from www.direct.gov.uk/en/DisabledPeople/EducationAndTraining/HigherEducation/DG_10034898

Getting a Job

Show that you are enthusiastic and have a passion for the job and the company you are applying to.
Work out what core competencies the organisation is looking for and then relate them to your education and experience (work and/or other interests).
Make sure you show yourself in the best possible light. Research each application thoroughly and present it carefully. Quality is preferable to quantity.
Try to develop the skills employers want through gaining work experience (paid or voluntary) and by getting involved in a variety of activities.
Think about targeting those employers who are actively wishing to recruit you and take advantage of any initiatives that may be available.

Make sure you take full advantage of the assistance available from your University Careers Service.

Resources

GO Wales is not responsible for the content of external internet sites.

Directgov: A wide range of public service information. Use in conjunction with «Disability».
Disability Rights Commission: An independent body working towards the elimination of discrimination against disabled people.
Diversity Milkround: Aiming to promote awareness of diversity issues in the workplace. The site also offers all jobseekers and employees a wealth of information and advice organised into six sections.
Good practice in writing references for people with disabilities.
Scholarship Search UK: Academic scholarships and bursaries for UK Universities and Educational Institutions.
SKILL: The National Bureau for Students with Disabilities. Helpful general information especially about allowances for disabled students and about many charities and grant making trusts.
Snowdon Award Scheme: Helping students with physical disabilities in further and higher education or training.
The Association of Disabled Professionals
TechDis: Aims to improve provision for disabled staff and students in the further, higher and specialist education sectors through technology.
The Shaw Trust: A national charity that provides training and work opportunities for people who are disadvantaged in the workplace due to disability, ill health or other social circumstances.
Graduate Prospects: The disabilities section of the UK's official Graduate Careers website includes sections on the law, marketing yourself, and case studies.
Dr Job: The disabilities section of this graduate careers site includes sections on the law, and graduate recruitment.
Hobsons: The Graduate Careers Centre section of their site contains a range of information for disabled graduates.