If you decide not to tell an employer about your disability, health condition or neurodiversity, they cannot be held liable for discrimination (see below) or failure to make adjustments under the Equality Act 2010. A prospective or actual employer cannot be judged to have discriminated against you if you underperform in a recruitment process or in work if they are unaware of your condition and were therefore unable to make adjustments accordingly.
You are not legally obliged to tell a prospective or actual employer about your disability, health condition or neurodiversity. It is up to you whether, when and how you share this information.
Think about the following points to help you decide:
- Do I need support during the recruitment process or in work?
- Is there is a health and safety risk to me or others? In those circumstances, you have to tell your employer under the Health and Safety at Work Act 1974.
- Would sharing this information with a manager or prospective employer now prevent problems later, for example regarding my performance during the recruitment process or in work?
Remember that employers cannot be held liable for discrimination or failure to make adjustments under the Equality Act 2010 if they did not know about your disability.
Filling in equal opportunities monitoring form as part of an application does not constitute disclosure. These forms will be separated from your actual application form and are only used by companies to monitor whether they attract a diverse range of candidates.
For further information about declaring a disability, watch this short video by an employment law expert and check the advice on our website about sharing information about a disability with employers.
Under the Data Protection Act 2018, you have a right to keep information about your disability confidential. This means that if you have told a prospective employer or your manager in work about your disability, they cannot share this information with others without your agreement. You can ask, and also put into writing, for any details you have shared with your manager not to be passed on to others, for example your colleagues.
Larger organisations are likely to have a policy about this which states who any information you have provided would be shared with, for example a HR officer or equality and diversity adviser. Sometimes, adjustments an employer makes for you might require the co-operation of others, for example if they allocated some of your responsibilities to another team member. In these situations, it may only be possible to make the adjustment if you agree for some information to be shared.
There may also be other reasons why you decide to tell your team. For example, if you have epilepsy or get panic attacks, if your colleagues know, they can be prepared and know what to do to help you. If an employer has agreed different working hours or break times with you, this may lead to resentment in the team without your colleagues knowing the circumstances.
This depends on your individual situation and could include (but is not limited) to:
- Additional time to complete tests during the recruitment process
- Alternative assessment activities during the recruitment process
- A longer or more gradual induction when starting a new job
- Flexible working hours or start/finish times; flexible break times
- Adjustments to physical workspace
For further examples, see this video or the website of the Equality and Human Rights Commission.
Don’t expect the employer to know what you need. They may have no or limited understanding of your disability, health condition or neurodiversity, so having a conversation with a prospective employer or your manager in work will allow you to work out together what needs to be put in place to support you. If your right to workplace adjustments is not respected, you could be dealing with disability discrimination (see below).
Many charities, foundations and societies representing individuals with disabilities, health conditions or neurodiversity have advice and information on their websites on how to approach conversations about adjustments with employers.
You can also download this helpful guide on adjustments to psychometric tests for disabled candidates, and some examples of workplace adjustments for different presentations associated with neurodiversity.
Disability discrimination is when you are treated less well or are at a disadvantage due to your disability in any situations covered by the Equality Act. This could be a one-off action, a policy, or physical/communication barriers. For further information, examples and helpful videos, please check the Equality and Human Rights Commission website.
If you believe you have been discriminated against during an application process or in work, you can contact the Equality Advisory and Support Service. This is an independent service supporting individuals with information and advice on discrimination and the applicable law.
