Declaration and disclosure

One of the most challenging areas for employers is in relation to monitoring the number of disabled employees they have – and crucially, how to do so.  Often the language and method of collecting information can be the very reason why disabled people choose not to partake of such surveys.

Keeping it friendly and providing a purpose

When was the last time you were asked to declare or disclose something?  It might have been when you were at the airport coming through customs? And how did you feel about the language?

You may be well travelled and think nothing of it.  But many of us, even when we have no reason to be so, feel nervous about the words ‘declaration’ and ‘disclosure’.  It is as if we have something we shouldn’t.  And for disabled people there is no choice. So the use of such language can be very off-putting to disabled people, and especially if the purpose of data capture does not come with good explanations as to what an employer will do with it.

Who needs to ask and who needs to share personal information?

There is no legal obligation for employees to tell their employer about a disability unless they need a workplace adjustment or if their disability poses a health and safety risk either to themselves or others.

That said, equality legislation says that employers must make reasonable adjustments to remove barriers that place a disabled person at a substantial disadvantage in the workplace because of their disability. This means employers must make adjustments when they know or could reasonably be expected to know that the person is at a substantial disadvantage.

Employers on a journey of change

The trick is to collect information in a way that invites both individual disabled people, as well as groups of disabled people, to share information by giving out constant, authentic and meaningful messages that an employer wants to do things differently and better.

When employers illustrate how they will do things better as a result of asking employees to share information about their health and disability it may be possible to create a virtuous circle. And that sometimes means refraining from using the language of declaration or disclosure. Even if an employer has stopped using it in your communications, it might still be used when discussing the concept.  Try doing so without using those two words. See what happens.

So what do disabled people think of all this?

If you ask disabled people or people with a health condition or injury how they feel about being asked to “declare” or “disclose” their disability you may get a variety of responses. Our experience suggests that such language can be seen by some to be threatening – for others amusing – and sometimes, especially when there is no full explanation as to why the organisation is collecting such data, simply tedious and pointless.

But that is not to suggest it is not good practice to ask if you can help make adjustments to people who may benefit from your doing so; especially if it benefits their efficiency, productivity and loyalty. On the contrary, it is good practice for employers to routinely ask if there is any more that they can do.  But those employers who make the question sound as if their employee is at customs shouldn’t expect very good statistics.