Disability Disclosure Guidelines for All Line Managers

In addition, the University is committed to promoting positive attitudes towards disabled people and encouraging participation of disabled people in public life. This is outlined in its Disability Action Plan.

The Disability Discrimination Act 1995 (DDA), as amended, imposes specific duties on the University with regard to disabled people. Under the DDA, the University is prohibited from unlawfully discriminating against disabled people by failing to put in place a reasonable adjustment. This means that the University and its staff must anticipate and make reasonable adjustments to its provisions for disabled staff in general, and also make ‘reactive’ reasonable adjustments to address the specific access requirements of individual disabled staff. Therefore, it is important that disabled staff are actively encouraged to tell someone about (that is, disclose) their disability so that the information can be used to provide appropriate support and to make reasonable adjustments. This will also help to create a universally accessible environment.

Disclosure is aimed at gaining knowledge to assist a disabled staff-member to realise their full potential. It is not aimed at learning about their disability per se. Therefore, enquiries should not be intrusive.

• 1. How might I know that a staff member has 'disclosed'?

  A staff-member may tell you formally that they are disabled (for example, in writing or by e-mail) or informally (for example, in conversation or by communicating with you through a text message) either before or after starting work at the University.

  Once a disabled staff-member has told another member of staff that they are disabled, whether formally or informally, then in legal terms, the University as a whole is deemed to know. If a staff-member requests confidentiality, then the potential implications of this decision should be clarified (see Section 4).

• 2. How might I encourage disabled staff members to disclose their disabilities?

  Staff are currently given an opportunity at application to disclose a disability (that is, by completing an Equal Opportunities monitoring form).  This information is passed to the Equality, Diversity and Inclusion (EDI) team who use this information for monitoring and planning purposes.

  In addition, staff are asked to disclose a disability when they complete their Occupational Health pre-employment form. However, many applicants do not disclose at this stage either because they do not see themselves as disabled or they fear that the information will adversely impact on the selection process. In addition, staff may acquire a disability whilst at University or a disability or a medical condition may deteriorate.

  Staff can update their Equal Opportunities record via the self-service area of the Staff Portal or return a Disability Questionnaire (during the University’s regular disability surveys).

  There is no duty on a staff-member to disclose their disability, and some staff may prefer not to disclose a disability for various reasons (for example, fear of discrimination, or they do not think they need any reasonable adjustments).

  In general, it is in a staff-member’s best interests to disclose their disability so that bespoke or tailored support can be provided, and other staff will better understand how to make the work environment more accessible for them. They should be able to request support at any stage during their employment.

  Therefore, you should encourage a disabled staff-member to disclose their disability by:

  • creating appropriate opportunities for disclosure, so that reasonable adjustment requirements can be made (for example, in one-to-one meetings, at departmental induction)
  • making your staff aware of the support available, for example, by:
    • displaying information about EDI at Ulster
    • disseminating Staff Guidance developed by the EDI team, including the University’s guide on Monitoring Equality Data
    • encouraging staff to complete the University’s ‘Online Disability Awareness Training Course’ and attend tailored equality and disability awareness training
    • where appropriate, encouraging staff to complete a Disability Questionnaire
    • inviting the Section Leader for EDI (Disability and Age) to provide tailored disability awareness training, as appropriate
    • referring staff to this guidance document
    • referring staff to University’s Data Protection Policy
    • encouraging staff to join the Staff Disability Network
  • creating an open and welcoming atmosphere
  • explaining that staff will be better placed to provide appropriate additional support to the disabled staff-member if they disclose they have a disability
  • explaining that all disability information will be used only for the purposes of providing reasonable adjustments and for planning purposes, and will be treated in line with all relevant data protection legislation
  • explaining that University staff cannot unlawfully discriminate against a disabled staff-member as a result of their disclosure and the University will treat any complaints regarding discrimination in a serious manner.
• 3. What do I do if a staff member identifies themself as being disabled?

  If a staff-member tells you that they have concerns about access or their ability to carry out their work (meet work requirements), which you or they think could be for a reason related to a disability, you should arrange to meet and take the time to discuss the support sought in a confidential setting. During this meeting, you should:

  • reiterate that it is in the staff-member’s best interest to disclose, emphasising that the aim of disclosing is to put appropriate support in place and that it is not necessary to give full personal details other than in a confidential setting
  • make it plain to the staff-member that they do not need to tell you about the details of their disability other than how they relate to the work environment
  • provide the staff member with a copy of the University's Staff Protocol for making reasonable adjustments for disabled staff
  • discuss the staff-member’s reasonable adjustments requirements
  • encourage the staff-member to complete a Tailored Adjustment Agreement with you
  • ask for the staff-member’s written permission to pass on the information necessary to make reasonable adjustments
  • confirm who the staff-member agrees the information necessary to make reasonable adjustments should be shared with, and which information should be shared
  • discuss confidentiality issues with the staff-member (see Section 5)
  • advise the staff-member that the DDA offers protection against Disability Discrimination
  • encourage the staff-member to update their Equal Opportunities Record via the self-service area of the Staff Portal.

  After the meeting and once you have received written consent from the staff-member, you must pass on the disability information (as agreed with the staff-member) as soon as possible. This record of written consent must be retained in line with the Reasonable Adjustment Process retention period (in accordance with the University’s Records Retention and Disposal Schedule).

  If the staff-member does not provide written confirmation, the information should not be passed on (unless exceptional disclosure applies, in which case you should refer to Section 6 of this guidance document and liaise with the Section Leader for EDI (Disability and Age) and the University’s Data Protection Officer before passing on any information). You should not ‘badger’ the staff-member for their written consent, as this could be perceived as harassment and could be in breach of all data protection legislation.

  You should always get advice from, and work collaboratively with the Section Leader for EDI (Disability and Age), Employee Wellbeing and the staff-member, in order to determine and put in place appropriate reasonable adjustments.

• 4. How should I deal with a staff member who discloses a disability to me, but insists that they do not want any information to be passed on?

  A disabled staff-member has the right to request that you do not reveal the existence or nature of their disability to anyone else (the rules of confidentiality will ALWAYS apply). You should:

  • if necessary, contact the Section Leader for EDI (Disability and Age) for advice on how to deal with this request (without disclosing the staff-member’s name)
  • take time to talk to the staff-member in private, and go through this guidance document with them
  • explain to the staff-member that disclosure is aimed at gaining knowledge on how reasonable changes can be made to the work environment to assist them to realise their full potential. It is not aimed at learning about the staff-member’s disability and is not meant to be intrusive or cause unlawful discrimination
  • explain that certain key people will need to know (if appropriate) about the staff-member’s disability so that bespoke or tailored support can be provided, and staff will better understand how to make the work environment more accessible for them (for example, with regard to accessing buildings, equipment, information, flexible working, training and advice)
  • explain to the staff-member that a request not to make information available to others may affect the range of adjustments made.  It may mean that either a reasonable adjustment has to be made in a different way, a less satisfactory alternative reasonable adjustment is made, or no adjustment is made
  • explain that there are exceptional circumstances when you must share disability information (see Section 6)
  • explain that all disability records will be kept in a secure place and disposed of safely after three years of the staff-member ceasing to be employed by the University, in accordance with the University’s Records Retention and Disposal Schedule (see Section 5)
  • if the staff-member still requests that you do not reveal the existence or nature of their disability to anyone else, you must ensure that you do not pass on any disability information without the staff-member’s written consent (unless exceptional circumstances apply, in which case you should refer to Section 6 of the this guidance document and liaise with the Section Leader for EDI (Disability and Age) and the University’s Data Protection Officer before passing on any information).
• 5. Where and how should I store information about a staff member's disability?

  All staff disability information should be treated as ‘sensitive information’ (Special Category Data) under all data protection legislation.

  This means that you must:

  • store all staff disability information such as the Tailored Adjustment Agreement in a secure place (for example, a locked filing cabinet or a password protected folder in SharePoint which only you have access to),
  • treat it as confidential (that is, sensitive personal data which has been provided in confidence) and
  • dispose of it safely (that is, shred it or dispose of it in the University’s confidential waste, or delete from SharePoint) three years after the person ceased to be employed by the University, in line with the University’s Records Retention and Disposal Schedule and Data Protection Policy.

  If you require additional guidance on the storage and handling of sensitive information, please contact gdpr@ulster.ac.uk for support.

• 6. When must I share confidential information without the staff member's consent?

  Certain exceptional circumstances may allow for the release of personal data. These include:

  • where there is an immediate threat to the personal safety of the staff-member concerned, or to the safety of others
  • where there is a legal requirement to disclose that information (that is, a crime has been committed or it is covered by health and safety legislation)
  • where professional fitness to practice may be compromised (this will apply to a limited number of jobs where the disclosure of personal data is necessary to assess fitness to practice).

  This list is not exhaustive.

  Health and safety and fitness to practice concerns should be tested against a detailed and personal risk assessment or with reference to documented criteria from the appropriate professional body.

  In cases of ‘exceptional disclosure’ the consent of the staff-member should not be sought where it is likely to increase the level of risk to that staff-member or to a third party. To determine whether exceptional circumstances apply, you should contact the University’s Data Protection Officer before releasing any personal data or disability information. This reduces vulnerability to litigation. Each case of exceptional disclosure should be considered individually.

• 7. What are my responsibilities with regard to passing on or sharing disability information?

  Once you know about a staff-member’s disability and explicit written consent has been obtained to share this information, you must pass on this information as soon as possible to relevant staff (that is, only the people who need to know – this will vary depending on the individual) in accordance with the University’s Data Protection Policy.

  It is not the staff-member’s responsibility to tell every member of staff about their disability. In effect, they should only have to disclose to a member of staff at the University once.

  You should not pass on any information about a staff-member’s disability when providing job references unless you have received written consent from them to do so (see Section 10).

• 8. What should I do if I think that a disabled staff member is applying for another post at the University which I think may pose a threat to the personal safety of the staff member concerned, or to the safety of others?

  Where you think that there may be an immediate risk to the future well-being of a staff-member or others because a staff-member is applying for a particular internal post, you should liaise with the Section Leader for EDI (Disability and Age) in this regard.  The Section Leader for EDI (Disability and Age) will help to ensure that the access needs of the individual staff-member are met and, where necessary, that any Health and Safety concerns are addressed through an appropriate risk assessment prior to appointment. Where Health and Safety Services or Occupational Health makes an assessment that a particular type of work (post) would be unsuitable for the staff-member, they will discuss this with the staff-member and advise them accordingly.

• 9. When writing a reference, is it my responsibility to inform an employer that a staff member is disabled?

  It is not your responsibility to tell a potential employer that the staff-member is disabled or inform them of a staff-member’s disability access requirements. Under the Disability Discrimination Act 1995, the employer has a responsibility to give each and every applicant the opportunity to disclose their reasonable adjustments requirements prior to interview. However, if you think that exceptional circumstances apply (for example, that there may be a Health and Safety or Fitness to Practice issue), seek clarification and advice from the Section Leader for EDI (Disability and Age) and the University’s Data Protection Officer before proceeding or returning the reference.

• 10. How should I report on a staff member's attendance record in a job reference, without unlawfully discriminating against a disabled staff member?

  You should answer truthfully about their attendance. However, absence which is related to disability or long-term ill-health (which would be considered a disability under the DDA) should not be reported explicitly in the attendance record.

  The staff-member can give consent for certain information about their disability to be shared with prospective employers. This could include information about disability-related sickness absence, where the inclusion of such information might help to present the staff-member in a better light if their general attendance record is poor. Staff should obtain the staff-member’s written consent before providing such information. Where appropriate, staff should also liaise with the Section Leader for EDI (Disability and Age) to ensure that the information provided in the reference does not unlawfully discriminate or encourage unlawful discrimination against the staff-member.

  A standard form of wording which can be included in references is provided in Section 11.

• 11. General statement regarding attendance for use in staff references

  Where information on attendance is requested in staff references you should include the following statement:

  The University is aware that by providing information about attendance, it may inadvertently discriminate against, or cause unlawful discrimination of a disabled staff-member, especially where attendance at work has been poor. With this in mind, the University will only report on disability-related absence where the staff-member has given their consent or where exceptional circumstances apply. Therefore, the attendance information provided to you below may include disability–related absence. However, where long periods of absence are reported, it should not be assumed that the respective staff-member is disabled.

• Are there other useful resources I could refer to?
  • Report on disclosure and support issues for disabled staff in Higher Education (2008) (AdvanceHE)
  • Staff Guidance on Disclosure (Ulster University)
  • Rules Governing Data Protection (Ulster University)
  • Staff Protocol for making reasonable adjustments for disabled staff (Ulster University)
  • Your Guide to Data Protection (Ulster University SharePoint site)