Are employees required to disclose a disability?

Are employees required to disclose a disability to their employer?

Employees can sometimes be reluctant to disclose a disability as they believe it might hinder their future career and development or change others’ perceptions of them.

Whilst an employee has no legal obligation to tell their employer, or even a potential employer that they have a disability if the process is managed successfully, disclosing a disability allows an employee to feel more secure, supported, and capable of performing in their role.

When a disability is disclosed, The Equality Act 2010 stipulates that the employer has a legal obligation to protect the employee from disability discrimination and provide reasonable adjustments.

However, if the employer does not have actual or constructive knowledge of whether an employee has a disability, then they are unable to do so.

So, what is actual and constructive knowledge of a disability?

• Actual knowledge is when the employer is informed that the employee has a disability, and the employer can then take reasonable steps to protect and accommodate the employee.
• Another possibility is constructive knowledge, and this is when the employer either knows or suspects that the employee has a disability based on behaviours and/or identifiers. For example, the employee may be on frequent sickness absence or have leave booked for appointments, or there are sudden changes in their behaviour.

One of the main ways to encourage employees to disclose a disability is to provide a safe environment where employees feel comfortable talking about their health and wellbeing.

Employees should be assured that any information is kept confidential unless the employee wants the information to be shared.

Where an employer believes they have constructive knowledge of a disability, they should take reasonable steps to find out and confirm facts with the individual.

Use return to work meetings, welfare chats, and 1-2-1s to have wellbeing discussions.

If a disability is disclosed, and the employee agrees to do so, the employer can then contact the employee’s GP or use Occupational Health for further advice and guidance.

In summary, employers should ensure that they offer an environment that allows employees to feel secure in disclosing a disability, and that they feel assured that the employer will provide the necessary protections and reasonable adjustments.