Asking about disability on job application

rogerblack

tomtontom wrote: »

I can't open the link, but would disagree that such a section would automatically be unlawful. The key questions to consider are the intent behind the section and whether the section is used as part of the decision making process. The legislation is worded in such a way that no application form is automatically unlawful, each case would be decided on an individual basis.

This is how I read it too.
http://www.legislation.gov.uk/ukpga/2010/15/section/60 is the relevant bit.
Subsection 6 gives a long list of exclusions - which are confusing people.

But - these exclusions are only relevant in that they let you ask the question - and then not offer them the job on the basis of the answers.

They are made irrelevant by section 2, which basically says you can ask whatever you like - as long as you conduct the rest of the application process properly and do not use it to throw applicants out before you have assessed if they could do the job with 'reasonable adjustment'.

It's unfortunate it's not flat-out banned in some ways.

tomtom256

Maybe they need to know to if your on medication in case it makes you drowsy etc, which could effect how you talk to people if in a customer facing role or create a health and safety issue if in the food prep role.

Are you actually thinking of applying for one of these jobs or just do not like the fact they have asked?

If you are thinking of applying a quick call or email should clarify why they need to know.

WeAreGhosts

tomtom256 wrote: »

Are you actually thinking of applying for one of these jobs or just do not like the fact they have asked?

If you are thinking of applying a quick call or email should clarify why they need to know.

i was looking at potential employers in an area that i am moving in to

i have emailed them to clarify

missile

The NHS application form I saw asked if applicant had disability as part of their positive discrimination policy.

bll78

I have always declared my disability up front. Personally I'm not a fan of disability positive discrimination, I want the job because I the best, not because of my health.
If you don't tell them at the application stage when do you tell them? After you've got the job?
There has to be honesty on each side. It might be if person x is drowsy on meds being alone on a reception desk isn't a great idea, but working in a back office with other staff is fine, but if they are not upfront they may get the front office job, and get sacked for falling asleep.
I know people worry about being discriminated against, but you also have to have faith some employers only want to know to protect you and themselves.

missile

bll78 wrote: »

..... Personally I'm not a fan of disability positive discrimination, ....

Nor me, I mentioned it merely to make the point that the question may not necessarily be negative discrimination.

DigForVictory

While I loathe the term disability, if all it means in this case is that the employer has a box to tick (or two tick if your are guaranteed the interview) then I'd swallow hard & complete the form in full.

Everyone has quirks which they work better for being accomodated, "disabled" label or not.

Let's not rush to accuse anyone of discrimination until it's demonstrated - these days, a job is a good thing to have.
All the best with the applications & the change of area!

pmlindyloo

bll78 wrote: »

I have always declared my disability up front. Personally I'm not a fan of disability positive discrimination, I want the job because I the best, not because of my health.
If you don't tell them at the application stage when do you tell them? After you've got the job?
There has to be honesty on each side. It might be if person x is drowsy on meds being alone on a reception desk isn't a great idea, but working in a back office with other staff is fine, but if they are not upfront they may get the front office job, and get sacked for falling asleep.
I know people worry about being discriminated against, but you also have to have faith some employers only want to know to protect you and themselves.

The whole point in not asking such questions at the application stage is that everyone has a level playing board and can be chosen for interview based on their experience and qualifications and not on their disability or whether they are taking medication.

During the interview is then the time to ask questions (if applicable) about their disability and/or about any medication which might mean that adjustments need to be made.

The problem, IMHO, is that some companies have huge numbers of applicants and this just seems a poly to whittle the numbers down which is discriminatory.

A simple statement on the application as regards the role involved should be sufficient for most people to know whether they themselves could do the job or not.

WeAreGhosts

the Equality Advisory Service has a report form on their website:
http://www.equalityadvisoryservice.com/app/report

then someone from the Equality and Human Rights Commission contacts you. i have referred my query to them about the job advert i found & they are looking into it.
they respond v. quickly.
the employer may be within their rights to ask the questions, if so, they have nothing to worry about