Applying for jobs (UK) - disability discrimination question

[Forestmistheather]

Hi,

I have a question for people, see what everyone's experience is. This is particularly relevant to those who can't drive either due to their mental health or another disability. But if you have any relevant experience or an opinion, do share.

So, I cannot drive, not actually because of my mental health, but because of epilepsy. I have a masters degree from a russell group university, but on applying for jobs I have been hitting a massive brick wall because I'd say a minimum of 70% of them ask me if I'm a driver and rule me out if I'm not. This, unless it is ABSOLUTELY necessary to the job, is not legal. But although in theory you can take them to an employment tribunal for this, I know no way of proving that you were actually genuinely going to apply for the job (which is what you'd need to do), plus this is a systemic problem across multiply companies, and you can't take them all to court. So this has left me doing 2 minimum wage jobs, one full time and one ad hoc part time, working between 40 - 60 hours a week, between 5 - 7 days a week, just to make ends meet. Not great with mental health problems (and multiple other disabilities). Well this is my experience of the jobs market. And I was wondering if anyone else has come up against the same kind of problems? Thanks,

[Kizzie]

I poked around a bit on Google and it looks like it's not illegal to ask per se, but the question that has arisen by job seekers is why ask if the position does not require one? It does seem to be a form of discrimination so I wonder if the best place to ask this question might be at an organization to do with epilepsy or disabilities? I suspect they would have more info and maybe some ideas of how to deal with it.

Hope you can get some answers and ideas to help 

[Forestmistheather]

Thanks Kizzie.  I'm currently trying to challenge this through my MP (who has contacted the person in parliament about this).  But after 4 months, they just got back to me quoting the law which I know already and clearly isn't working!  So I'm going back to them.  I have posted on an epilepsy site too, but there are many reasons why people cannot drive, so I figured I'd post here too

[Kizzie]

Yes, you never know - someone may come up with something. I hope you can get this resolved!

[NarcKiddo]

Is there anyone at ACAS you could contact to ask about this? Or perhaps the Equality and Human Rights Commission?

It's a bit of a conundrum.

[BK]

Hi Forestmistheather,

I had a period where I couldn't drive after having a seizure. While I can drive now, I cannot afford a car. I have also faced this question in interviews where driving had nothing to do with the role.

I completely agree with you about employment tribunals and this being a systemic problem. Because it is an unfair, illegal roadblock, I have told a fib in the past when a job didn't require driving, I could easily commute another way, and it didn't have anything to do with my work role.

If driving is not essential for the role, this question is an unfair barrier—especially when it is affecting your mental health by preventing you from working fewer hours and, I'm guessing, being able to do a job that you would enjoy more — then it is not a relevant question, illegal, and none of their business.

I dislike lying and feel uncomfortable doing it. However, when the system creates an ongoing barrier and proper channels fail, I allow myself some leniency. I will stretch the truth if it is necessary for the greater good of my wellbeing, provided the question is irrelevant to the daily duties.

If you get the job and it somehow comes up later—for instance, if someone asks you to handle an errand or emergency transport—you can clarify it then. You could simply say, "Just so you know, I am not driving anymore." This keeps things clear and honest going forward without affecting your core work.

This is just my opinion and what I have done, but I understand this might not work for you or you may not be comfortable with it.

All the best and I hope this helps in some way