Under this law, employers must treat Disabled candidates and workers fairly and guard against discrimination.
Discrimination could include:
- Refusal to hire someone because of a disability
- Paying someone less money or give fewer benefits because of a disability
- Refusing promotions because of a disability
- Excluding someone from meetings and events because of a disability
Disabled candidates and workers are protected from indirect discrimination by employers too.
Indirect discrimination occurs when an employer unintentionally has a rule, policy, or practice that puts a Disabled worker at a disadvantage or makes doing their job more difficult.
Indirect discrimination could look like:
- Long hours that exhaust a worker with ME or Fibromyalgia
- Not checking whether a location is accessible for a wheelchair-using director
- Visual or audio-only cues during filming
- Inaccessible post-production and editing software that lacks screen readers
- Inadequate on or off-set accommodation including markers
- Casting calls in spaces that aren’t accessible
According to the Equality Act 2010, employers must make reasonable adjustments where needed for Disabled employees. Adjustments are changes that make it easier for a Disabled person to do their job.
Though access requirements look different for everyone, they could include (but not be limited to):
- Adjusting working hours
- Modifying or adding equipment including braille keyboards, wheelchair ramps, screen readers, transcription software, streamers and radio aids, and quiet rooms.
- Ensuring accessible bathrooms and safe ramps are provided
Find out more about Reasonable Adjustments on Gov.UK
Many employers have their own ways of assessing needs with HR, and some productions may employ an access coordinator before putting adjustments into place.
There are programmes like the Government’s Access to Work which helps assess a worker’s needs. They also have funding for some adjustments including equipment and changes in the work environment.
The type and scale of adjustments an employer is expected to make – that are considered ‘reasonable’ - depends on their size and resources.
There is one exception to the reasonable adjustment guideline, which is when a particular ability is needed for a job. For example, if a production company was making a documentary about night workers, it would not be discriminatory to not select a director who was unable to film at night due to their access requirements. The ability to film at night would be essential for the role.
Whether it’s direct or indirect discrimination, knowing disability rights is key to understanding fair and unfair treatment.
If a Disabled worker has been on the receiving end of discrimination, they can seek further information and support via the following:
- Their local Citizens Advice Bureau
- Their union, whether Bectu, Equity, or another industry disability-focused organisation
- An industry app like Call It!
- Check whether the commissioning body has a complaints procedure
- The Film and TV Charity
- A solicitor specialising in Disability discrimination
Explore the guidance below on the application, interview and sharing processes.
Alternatively you can watch the video below with BSL interpretation.
The Equality Act 2010 protects all stages of employment, including the application process.
This means employers must meet any access requirements for Disabled job candidates.
Not every Disabled applicant will want to share their disability during the application process - and this is okay. Some Disabled applicants won’t require adjustments at the application stage.
But for those who do, adjustments might look like:
- Making applications accessible (i.e. proper headings, clear structure and language, alt text for images, colour schemes, and compatibility with screen readers)
- Multiple formats for applications (web forms, PDF, video, audio)
There are a few things you can do to help boost your chances of a pleasant application process:
- Research the hiring company's policies on diversity and inclusion. Do they prioritise inclusion? Do they have clear disability-friendly policies on their website and in their job advertisements? Do their job advertisements make it clear that they understand their responsibilities?
- Look for employers who take part in the Disability Confident Scheme, which helps employers recruit and retain Disabled talent. Employers who are signed up the Disability Confident Scheme are committed to offering interviews to Disabled candidates who meet the job role criteria. The Government keeps an updated, downloadable list.
Applicants can look out for the Disability Confident badge too. These are often on an employer’s website or social media.
There are three of badges that show increasing commitment to disability inclusion:
Disability Confident Committed - This employer has demonstrated commitment to disability support and inclusion. They’ve made at least one commitment to accessibility of the employment process and self-assess that commitment.
Disability Confident Employer - This employer has taken active steps to hire and retain Disabled employees. They take additional actions including long-term access requirements and fostering the career development of Disabled people.
Disability Confident Leader - These employers are leaders in disability inclusion. They exceed legal requirements and demonstrate a comprehensive disability strategy. They share best practices, show how to be inclusive, and even mentor other employers who are working on their disability inclusion.
Employers can read case studies and find out more about the Disability Confident Scheme.
It’s natural to feel a little nervous during the interview process.
But this can be doubly true for Disabled people because they may be worried about whether a potential employer is committed to disability inclusion.
It is the employer’s responsibility under the Equality Act to put any access requirements in place for interviews. Ahead of the interview process, you should be asked about any access requirements you have for the purpose of the interview.
You should not be asked about access requirements you need for the purpose of the job.
There are some things an employer who follows disability best practice might do during the interview process:
- Provide interview questions ahead of time
- Give extra time to written/timed activities if required
- Plan and provide accessible accommodations for the interview location (including parking, restroom facilities, etc.)
- Conduct remote interviews that are compatible with necessary assistive technology
- Focus on a candidate’s skills, experience, and how they work well, instead of their accessibility requirements
This doesn’t mean that an interview process must include every accommodation up front, especially if an employer doesn’t know about the potential disabilities of any candidates.
Please note if you require options in communication methods (live transcription/interpreters, etc.), this may be covered by the Access To Work scheme.
A Disabled candidate need only share the adjustments required for the interview process.
If the company interviewing you doesn’t know what you need, it won’t be able to guarantee they can meet your access requirements.
But an employer should routinely ask every candidate about any accessibility needs for the employment process.
Deciding whether to share your disability with a potential or current employer is a personal choice for each Disabled person to make.
According to the Equality Act 2010, Disabled people are not legally required to share their disability unless it directly impacts:
- The ability to do the essential tasks of the job without having adjustments made
- The health and safety of a production or workplace
- Other vulnerable people already involved in the project
The timing of sharing information about a disability is a personal choice.
Some Disabled people decide to share their disability from the first contact in a recruitment process. This often happens when adjustments are needed for the early stages of the application process.
Others wait until specific adjustments need to be made when they are offered an interview.
Some Disabled people wait until after they’ve been hired, or once they feel the employer knows they’re able to do their job in principle.
It’s important to remember that a Disabled candidate/employee can disclose at any stage of the job, especially as access requirements might change during the period of employment.
Whatever point a Disabled person may decide to share, the employer has a few obligations.
- Employers must keep this information confidential. This is called confidentiality of disclosure.
- They can only share it with people who need to know, including the direct line manager, boss and/or HR.
Though it may be nerve-wracking, anyone who shares their disability status is protected from discrimination. Interviewers are not allowed to use this information against you or make assumptions about your abilities to do the job. Whether you can do the job should always be assessed by the skills, qualifications and experience you already have.
A Disabled person may decide not to share their disability with potential employers at all. And that’s okay.
But it’s important to know if they don’t share the disability, the employer won’t be able to support all the access requirements specific to their needs.
Unfortunately, if the subsequent lack of adjustments impacts their ability to work, they may face a very challenging situation. If employers follow The 5As, they will regularly ask each employee if they have any access requirements.
If you’re not sure about a specific situation, our resources page provides contact points for both applicants and employers.