Disability - to disclose or not in Appreticeship application form

[OnAshes]

DS with Aspergers is applying for an apprenticeship. So far it is going well with two companies wanting to interview him. There are emails with interview confirmation. When filling the online application DS did not disclose his AS, nor did he in his interview with aprenticeship recruiter. However the recruiter sent a form asking to confirm what was discussed at the interview. It include a box ticked to confirm that it was discussed that he did not have a disability (as it was indeed discussed), but also t a box that he doesn't have a statement of SEN, which he has and it was not discussed. So now DS needs to either disclose that he has a statement and hence a disability, or not to correct the box that say he does not have a statement.

DS also received an additional application form to sign. Right under the signature, and the statement that confirms that the information is correct to the best of his knowledge, on the same page, there is a monitoring form about ethnicity and disability. There is a specific box about Aspergers...

On one hand I was advised not to disclose AS as the aplication goes directly to the bin. I understand DS has the right by law not to disclose. The Monitoring form is positioned to force disclosure. It should be separate and not accessible to those involved in the recruitment process, right?

I think the right time for disclosure is when already in employement and in real need of help.

On the other hand in this paperwork not disclosing would be deliberate omission...

What is the best course of action for DS?

depends why they are asking and in what way they are asking.
If a candidate is not satisfied that there is a suitable reason for asking, or is not confident in what will happen to the information, then perfectly reasonable to refuse to answer the question.

If the monitoring form is integral part of the application form and the page layout is such that it cannot be physically separated from the information about qualifications and experience, it is difficult to see how the usage for monitoring purposes could be segregated from the usage of information for selection. The form does not offer the option of not answering the monitoring questions. So of course DS is not confident.

Are there any guidelines or code of practice about monitoring forms?

I remember a monitoring form from a reputable blue chip company. The form was sent via a separate email, even from a different contact than the recruiter, specifying that it will not be included with the application and will not be visible to people involved in selection. It stated clearly that you don't have to to fill the form or answer any particular question if you don't want to. The company also stated that the monitoring will be effected after the recruitment decision will be made, post factum. I would agree that in this particular case it would be difficult to argue why not to disclose, but then again, the company stated that you don't have to fill it in at all...

Well of course if he doesn't know if he needs adjustments he can't say so. And perhaps reassure was the wrong word. I used it because I was assuming that he knew he didn't need any otherwise would have said so. But if he doesn't know if he will need adjustments (ie he might), perhaps saying so might be sensible.

I've already said what lawful actions the recruitment agent/employer could take with the information, not going to repeat myself.

No one said it wasn't the employer's responsibility to make reasonable adjustments, or that it was the disabled person's duty to not need them, what a bizarre comment.

Tell them or don't tell them, it's up to your son. As I said, I don't think lying was particularly sensible, and I've advised under what circumstances asking for the information would be appropriate and what they can do with the information, and also on the risks of non-disclosure on your son's part, ie would it be lawful to dismiss him for lying.

You've had helpful information and I'm not sure reacting so defensively to people trying to advise you is particularly constructive.

I'd also be wary of taking advice from HR professionals who are in the habit of just binning application forms rather than actually monitoring applications for protected categories, but that's just my opinion.

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Flowery, I trully appreciate your advice.

I would also think that as an experienced professional you might understand why people concerned with disability are defensive in relation to recruitment...

Why only 15% of people with Autistic Spectrum Disorders are in paid employement?

Are there guidelines on monitoring forms?