How can your employer find out if you are a disabled person

Your employer only has to make these changes where they know or could reasonably be expected to know that you are a disabled person and are - or are likely to be - at a substantial disadvantage as a result. This means your employer must do everything they can reasonably be expected to do to find out.

For example:

A worker's performance has recently got worse and they have started being late for work. Previously they had a very good record of punctuality and performance. Rather than just telling them they must improve, their employer talks to them in private. This allows the employer to check whether the change in performance could be for a disability-related reason. The worker says that they are experiencing a recurrence of depression and are not sleeping well which is making them late. Together the employer and the worker agree to change the worker’s hours slightly while they are in this situation and that the worker can ask for help whenever they are finding it difficult to start or complete a task. These are reasonable adjustments.

This does not mean, however, that an employer should be asking intrusive questions or ones that violate your dignity. Employers must still think about privacy and confidentiality in what they ask and how they ask it.

More information

Last Updated: 18 Dec 2014