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

Multipage Guide

Who is this page for?

  • Employees

Which countries is it relevant to?

    • England

      England

    • |
    • Scotland

      Scotland

    • |
    • Wales

      Wales

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.

Last updated: 07 Jun 2016

Further information

If you think you might have been treated unfairly and want further advice, you can contact the Equality Advisory and Support Service.

Phone: 0808 800 0082
Textphone: 0808 800 0084

You can email using the contact form on the EASS website.

Also available through the website are BSL interpretation, web chat services and a contact us form.

Post:
FREEPOST
EASS HELPLINE
FPN6521

Opening hours:

9am to 7pm Monday to Friday
10am to 2pm Saturday
closed on Sundays and Bank Holidays

Alternatively, you can visit our advice and guidance page.