Disclosing a disability to new employers? (working in care)

sangie595

ChrisK..... wrote: »

Bit of a strange opening post - You mention that an influx of new workers are responsible for disrupting your work place then ask us to decide whether this should affect you declaring your disabilityin a new job?????????????? Suggests that deep down you are really attributing all this hoooooo haaaaa to yourself. - That aside

You should declare a disability because you could be dismissed if it 'crops up' later, employers may well give you the job BECAUSE of your disability if it is under-represented in the workforce. Employers do have to make 'reasonable adjustment' for disabilities.

Good grief. Where to start on how much is wrong with this post. How about the whole of it is disability discrimination?

Dismissing someone for a disability is unlawful. Employers giving a job to someone because they have a disability is unlawful. Employers do not have to make reasonable adjustments for disabilities. But apart from that, and a poor attitude to disability, it's a great post.

Whether someone chooses to disclose a disability, assuming that there is a choice to be made, is a personal matter and nobody should be told that failure to declare it will get them sacked. In actual fact, the truth of the matter is that declaring it is more likely to have the effect of them not getting a job purely on the basus that they have a disability, given attitudes in this country. But whether you'd want to work for someone who thinks like a Neanderthal is another matter.

It is unlawful for an employer to even ask about health and/ or disability before a job offer is made; and unless they then ask having made the offer, nobody needs to disclose anything.

Feyfangirl

sangie595 wrote: »

Good grief. Where to start on how much is wrong with this post. How about the whole of it is disability discrimination?

Dismissing someone for a disability is unlawful. Employers giving a job to someone because they have a disability is unlawful. Employers do not have to make reasonable adjustments for disabilities. But apart from that, and a poor attitude to disability, it's a great post.

Whether someone chooses to disclose a disability, assuming that there is a choice to be made, is a personal matter and nobody should be told that failure to declare it will get them sacked. In actual fact, the truth of the matter is that declaring it is more likely to have the effect of them not getting a job purely on the basus that they have a disability, given attitudes in this country. But whether you'd want to work for someone who thinks like a Neanderthal is another matter.

It is unlawful for an employer to even ask about health and/ or disability before a job offer is made; and unless they then ask having made the offer, nobody needs to disclose anything.

This makes a lot of sense. I know I tend not to explain myself well so apologies for that. The reason why I said about the new people was basically that they had a very negative set of opinions on those with disabilities, particularly those working in care.



Whilst I understand employers wanting to confirm when taking on an employee when their setting is responsible for the care of vulnerable service users about how a disability can affect that potential employee as there would be reasonable adjustments that would need to be made (e.g extra workplace support, additional training, that kind of thing).



It's another thing entirely when an employee proves themselves, then later gets treated badly and then when they raise a legitimate complaint backed up with evidence the management team refuse to investigate it and say that due to you having Asperger's that you are having trouble communicating and fitting in with the new staff -_-



That being said I am not giving up, am trying my best to find a job and to fit in well with staff and service users, I just have been second guessing myself a lot recently.

sangie595

Everybody second guesses themselves, especially after they've had a knock. You are clearly high level functioning, and what's normal? I've never met anyone "normal" yet, so who's to say what other people might be, sometimes even without realising it. Don't knock yourself down. There's always someone willing to do it for you , so you shouldn't be doing it for yourself!

ChrisK....._3

sangie595 wrote: »

Good grief. Where to start on how much is wrong with this post. How about the whole of it is disability discrimination? .......Employers giving a job to someone because they have a disability is unlawful.

Employers are allowed to favour under-represented groups into employment
And here is an example of how Notts county council do just that

We particularly welcome applicants from black, minority, ethnic (BME) communities, disabled people and lesbian, gay, bisexual and trans (LGBT) communities and as they are currently under represented within our workforce.

And its for this exact reason I suggest the OP declare a disability

sangie595 wrote: »

Employers do not have to make reasonable adjustments for disabilities.

YES they DO!!!!!!! That is the LAW under Equal Ops 2010 - "Reasonable" Adjustment is subjective, but they HAVE to make it - because its THE LAW

sangie595 wrote: »

Whether someone chooses to disclose a disability, assuming that there is a choice to be made, is a personal matter and nobody should be told that failure to declare it will get them sacked.

Failing to declare ANYTHING that would impact on their work could result in dismissal - If someone applied as a steeplejack and is prone to fainting then employers have a "necessary or legal" reason for KNOWING that - The reasons are blindingly obvious

sangie595 wrote: »

It is unlawful for an employer to even ask about health and/ or disability before a job offer is made......

No it isn't - anymore that asking their age, gender or anything else that has "necessary or legal" impact on the job - P.S. A 19 year old cant drive an HGV - A Woman has no right to work in a Mens changing room

[Deleted User]

ChrisK..... wrote: »

Employers are allowed to favour under-represented groups into employment
And here is an example of how Notts county council do just that



And its for this exact reason I suggest the OP declare a disability



YES they DO!!!!!!! That is the LAW under Equal Ops 2010 - "Reasonable" Adjustment is subjective, but they HAVE to make it - because its THE LAW



Failing to declare ANYTHING that would impact on their work could result in dismissal - If someone applied as a steeplejack and is prone to fainting then employers have a "necessary or legal" reason for KNOWING that - The reasons are blindingly obvious



No it isn't - anymore that asking their age, gender or anything else that has "necessary or legal" impact on the job - P.S. A 19 year old cant drive an HGV - A Woman has no right to work in a Mens changing room

Narky?

But you're wrong. They can only ask if it's a genuine occupational requirement https://www.citizensadvice.org.uk/work/discrimination-at-work/what-are-the-different-types-of-discrimination/medical-checks-before-offering-a-job/

ohreally

EA 2010 Sec 60.

https://www.legislation.gov.uk/ukpga/2010/15/section/60

ChrisK....._3

Another snippet from a Job Application Im looking at today

https://photos.app.goo.gl/j81fnkaXea2cqMTt7

ohreally

What's the point your making with referring to the guaranteed interview scheme and an individual choosing to disclose or not a disability?

[Deleted User]

ChrisK..... wrote: »

Another snippet from a Job Application Im looking at today

https://photos.app.goo.gl/j81fnkaXea2cqMTt7

Some people.

How about you take my 4 chronic conditions and everything that goes along with them and claim your guaranteed interview IF you meet the minimum requirements. An interview that does NOT guarantee you a job

Feyfangirl

Since I made this post had a careers adviser appointment. I explained to her my dilemma, as I understand in cases, particularly in care where safeguarding issues are concerned, (as of course understanding and being able to effectively remember instructions relating to the care of service users and being able to communicate effectively with service users and their families and other professionals are both essential skills).



I cited my first paid job role as a support worker, where I had during my interview been honest about my conditions.They were so say fine about it.. only during my training, the "team" bullied me relentlessly, didn't give me the information I needed dispite me asking, didn't even tell me anything about the service users and what they needed (bad move, considering one of them had complex medication and severe autism). When I complained I was told it was due to my aspergers that I couldn't communicate well with them that I left.


So now, I have been emailing a disclaimer document if you will, not having a chip on my shoulder or anything as honestly I am not ashamed of my conditions. But I have been outlining the fact I do have these conditions, that they can affect me in certain ways, but I also do highlight the fact in some ways they can have a positive affect on my working practice (such as due to being a child with asperger's and learning difficulties, I have more patience and a level of understanding than somebody who may not have the condition or had experience with the conditions in their lives).



I know its a tricky one for sure, deciding what the best thing to do, but I am hoping at least by being honest from the very beginning, it will hopefully prevent any nasty situations from occuring.