MU Column: Access as a commonplace conversation

It can be a daunting prospect to disclose a disability to employer or workplace, especially if we feel that we'll be judged or be unable to do our job as a result. However, if you're eligible for protections under the Equality Act 2010 and you know your rights, disclosing access needs or disabilities should help empower you at work.

Definition

The Equality Act 2010 helps to set out what discrimination against disabled people looks like. Under the Equality Act 2010, people are defined as disabled if they meet a set of criteria, such as ‘a physical or mental impairment which has a substantial and long-term adverse effect on that person's ability to carry out normal day-to-day activities’. While this doesn't always reflect the social model of disability – whereby we understand that it is actually our society which disables individuals – we can still use it to ensure equality and help prevent discrimination.

Many may also not personally identify as disabled, but still fulfil the criteria set out in the Equality Act 2010. The law is there to protect people from disability discrimination and to ensure they get what they need at work or in accessing services, and you don't have to have a particular diagnosis to be entitled to support. If you would be affected in a way that is more than minor or trivial in carrying out ‘day-to-day activities’, you are covered by the Equality Act 2010. You are also protected by the Equality Act if you have met the above criteria in the past and have now recovered.

Pre-employment questions

When you apply for a job with a new employer, or for a promotion, sometimes you'll be asked questions about your health. If employers ask questions about your health or impairment before a job offer, you don't have to answer them, and not asking questions about health or impairments makes sure that all job applicants are treated equally and not ruled out because of issues relating to their health or impairment.

No one else can ask these questions on the employer's behalf either. So, an employer cannot refer you to an occupational health practitioner or ask you to fill in a questionnaire before the offer of a job is made (or before you have been included in a pool of successful applicants) except in very limited circumstances.

But there are some circumstances where employers can ask about your health or impairment when you apply for a job. These include monitoring forms, or if there's a specific part of the job such as driving, and if there's any practical element to the recruitment process from a health and safety perspective.

Once they have made a job offer or included you in a group of successful candidates, an employer can ask questions. At this stage, the employer could ask about your health or impairments to check that they would not prevent you from doing the job.

Discrimination

If you have been denied a job or promotion due to time off due to a particular condition, or are being treated unfairly at work because of it, the employer may be guilty of direct discrimination.

Reasonable adjustments

Employers must also consider whether there are reasonable adjustments that would enable you to do the job. Reasonable adjustments are a way that employers must support people who are eligible. These don't have to be expensive and vary from individual to individual, and role to role. Examples of reasonable adjustments include providing a quiet space, time off for appointments or breaks related to your health, or a phased return to work. These would be discussed with your workplace and agreed between you.

How to disclose a disability or access needs

If you are comfortable to do so, you can discuss reasonable adjustments with your line manager, or perhaps a workplace rep – they will know whether similar concerns have been raised by other people. You don't have to disclose a disability in order to discuss your access needs, but providing as much information as you can will help your workplace understand how to help you. To illustrate your requests, think about specific situations and what would help you do your job in them.

Access riders

An access rider is a document that details your access needs. Access riders are used by disabled artists and musicians to ensure that their access needs are met so they can do their job. An access rider is an easy way to clearly communicate your access needs to anyone that you're working with and start a conversation about what you need to do your job. Using an access rider can help everyone feel confident in their working relationships with each other.

You can provide an access rider after you've been booked for a music lesson or a performance to make sure that any conversations about your access needs happen early on – that way everyone knows what to expect and can make sure everything is in place before you begin work. Once you have your own access rider, you can tweak it for whatever situation you're working in.

The most effective access riders are specific and use bullet points and headings to cover different aspects and timings of your work. The most important thing when creating your access rider is to make sure it gives a clear picture of your requirements. The MU, in collaboration with the Ivors Academy, developed an access rider template along with examples and guidance on how to use it.

The MU would like to see disability access become a commonplace conversation for musicians at work, but for this to happen, musicians need to know how to ask for their rights, and their workplaces need to be open to having the discussion and learning about their responsibilities.

If you have any concerns or questions about disability in your workplace, Musicians’ Union members can contact their MU Regional Office for advice at musiciansunion.org.uk/contact. For more information check out the MU's Disability Rights for Musicians guidance at bit.ly/3NePnGg

musiciansunion.org.uk