WorkwaysPromoting mental health through learning and work

 

What do I tell them?

"What do I tell them about my mental health problem?" is probably the most frequently asked question asked by people filling in application forms or preparing for interviews.

Whether applying for a job, a college place or voluntary work, knowing what to say or whether to say anything at all is always a difficult area. Fear of the reaction such disclosure may receive is also an important contributory factor but it's also important to avoid generalisations about how employers or others will react. Some people report incidents of immediate loss of interest but not disclosing can result in problems later on. For others it opens up the scenario to put the right support in place and people's experience of mental ill health can be a very positive attribute to offer a potential employer, college or voluntary work organisation.

The former Disability Rights Commission, now part of the Equality & Human Rights Commission offer this advice in relation to employment:

'An employee is not legally obliged to declare a disability to an employer or prospective employer. Naturally people will be reluctant to disclose their disability to a prospective employer fearing this will result in the failure of their job application. However, disclosure can help to alert employers to a person’s particular needs and thereby facilitate the provision of reasonable adjustments during the recruitment process, which otherwise may not be provided due to the prospective employer’s lack of knowledge of disability. If a prospective employer is not aware of a job applicant’s disability they may have a defence to a claim of failure to make reasonable adjustments.'

'The DDA does not prevent employers from asking you for information about your health or disability but they  must not use it to discriminate against you. If all job applicants are asked for the same information and this information is, or may be, relevant to the ability to do the job (after a reasonable adjustment), this would not be discriminatory. Asking about the effects of your disability might also be important in helping your employer to decide what adjustments ought to be made.'
 

'It is up to you whether you wish to tell your employer about your disability. However, if your disability actually affects your way of working, you should talk to your employer and to your colleagues about it if you want a reasonable adjustment to be considered.'


'If your employer doesn’t know that you are disabled, your employer may not have to make changes which would help you. However, if, for example, your condition gets worse (e.g. asthma) and you feel you may need a reasonable adjustment, you can change your mind and tell your employer at a later date. From that time onwards your employer may have to take some action.'
 

In a paper published in February 2009 by NAT, THT and Rethink, the following observations are made:

'If someone lies in a job application in relation to their health status and this is later discovered, they could lose the job (this is called a breach of mutual trust). Research reveals that one in ten employers has withdrawn a job offer because the applicant had lied or misrepresented their health situation on the health-screening questionnaire.  Seven per cent of employers have dismissed an employee while in employment for the same reason.  Withdrawn job offers or dismissal on these grounds is twice as common in large organisations (Labour Market Outlook: quarterly survey report – Autumn 2007’ (2007) Chartered Institute of Personnel and Development).

This is particularly relevant to people living... with mental illness as people’s experience of stigma and discrimination mean that some are unwilling to disclose their status on health-screen questionnaires in advance of a job offer being made.'

And the Law is changing...

The Equality Act 2010
ACAS have produced guidance for The Equality Act 2010 which will become law in October 2010. It replaces previous legislation (such as the Disability Discrimination Act 1995). Among a number of changes, the Act limits the circumstances when employers can ask health-related questions before they offer the individual a job.  

There is no clear cut, categorical answer to this very common area of concern but do please feel able to contact us to offer your thoughts and we will be happy to discuss it with you. There's more information about the Disability Discrimination Act and reasonable adjustments on this site.

 

Promoting mental health through learning and work