Is this discrimination?

catman-without_wings

Many thanks for taking the time to read this. I would welcome any advice from the experts here.

I have a very close friend who is having some difficulties.

The details are as follows.

He is a teacher.
He contracted ME/CFS about thirteen years ago. He was very poorly and as a result had to leave teaching and was treated at a CFS unit.

He returned to work(although not to teaching) after about 2 1/2 years and as a was successful with no flare ups of the condition.

About six years ago he felt confident enough with his recovery to return to teaching. He worked as a supply teacher. This was initially on a day to day basis which progressed to longer sickness type of cover(from one week to three months) and then to maternity cover.
No health problems at all. He had a bout of Flu and along with 99% of his (then) school had the winter sickness virus but other than that nothing.

During this time, he kept applying for full time permanant jobs without any success whatsoever.
At one school he was asked could he guarantee he would never get ill-he didn't get the job.
Anyway, yesterday he went for a job at a school quite near to where we live. He stayed overnight with us prior to the interview and was in very good form. interview went fantastically well; his lesson was everything he hoped it would be.
He loved the school and thought the children were delightful.
They had a house lined up within easy travelling distance and all seemed well.
They told him that they would let him know today.
Anyway we have just heard from his wife he got a phone call at 6 pm tonight:eek:
He was the favoured candidate.
The school loved his lesson and felt he could nothing to improve his entire pefrormance. However, they told him that the CFS was the deciding factor and as a result they could not appoint.

We (DW and I) feel that this is blatant discrimination. He qualified at the same time as I did and to be honest if I was half as good a teacher then I probably wouldn't have packed it in.

I have known him for the best part of twenty years and it does not seem fair at any level.
His wife told me tonight that she has never seen him so low.

Any advice?
Thanks for reading and sorry for the lenth of this post.

bodeia

It could be discrimination under DDA, he would need to seek specialist employment advice - get him to check his local area for advice an agency that offers this, some CAB, local law centre, welfare right have these specialists that offer free advice.

The Disability Discrimination Act

Under the DDA, it is unlawful for employers to discriminate against disabled people for a reason related to their disability, in all aspects of employment, unless this can be justified. The Act covers things like:

• application forms
• interview arrangements
• proficiency tests
• job offers
• terms of employment
• promotion, transfer or training opportunities
• work-related benefits such as access to recreation or refreshment facilities
• dismissal or redundancy

catman-without_wings

Thank you bodeia, that is very helpful. Many thanks for taking the time to help.

I will be phoning them tomorow. I know they will be grateful for the advice.

Again many thanks.

Have a nice evening.

CM.

Errata

I don't think they are being very sensible refusing to employ him because he had an illness quite a number of years ago. There is no evidence to show that ME/CFS stays in someone's system ready to flare up again years and years after an initial episode which was fully recovered from.
If they think they are being sensible refusing employment for the reason given, then they should be following the same policy for every other disease - cancer, hepatitis, heart disease etc. I'm sure they don't, so it would seem the discrimination is quite blatant.

morag1202

Is he in a Union? If not, might be worth while joining one because this would give him specialist advice/representation for free. Good luck to him, it certainly is not at all fair.

Annieuk75

That is terrible. I have just been speaking to my husband about this and he has recommended that your friend contact DCM (Disability Claim Management). My husband is registered blind and they are currently helping him with a claim against his previous employer for discrimination. If you want anymore info, let me know

munchings-n-crunchings

I can understand, to some extent, the position of the prospective employer.

My sister went to the GP today, a particular one she has not seen for many years.
Like your friend, she has a diagnosis of M.E. & CFS. The GP expressed his dislike of the ME diagnosis, not that he was one of these people who disputed it's existence, but because of the negative connotations connected with it.

I don't know if they exist, but could your friend look into whether there is a health check available. I'm sure there must be private clinics that do this.
Something that could prove, that at that moment in time, he is as fit and healthy as the next person.
Not that he should have to make that expense. But, with the lack of understanding of his diagnosis, it would help prove his fitness.

Regards

Munchie

Molly41

Its very hard to find Private Occupational Health that you can go to without being referred by the employer. I got a list from the Societ of Occupational Medicine but i contacted numerous docs before one would take on my case for a second opinion.

[Deleted User]

I would (and have in the past) write to the employer requesting copies of their notes relating to the interview. Also did they get the name of the person who said it was the ME/CFS was the deciding factor/

Then consult a solicitor whilst waiting for the notes to arrive. He has 3 months to lodge a claim but sounds like discrimination if they have said it was the deciding factor. However to claim under the DDA he has to be covered by it.

"The Disability Discrimination Act (DDA) defines a disabled person as someone who has a physical or mental impairment that has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities."

Unless he still has the condition and it and meets the above he may not be covered, but only the tribunial or judge can decide if the condition/he meets it.

Unity

Undoubtedly he has been discriminated against and furthermore without any legitimate reason since his attendance record is exemplary over the last six years.

I know some people would be of the opinion that he shouldn't rock the boat as it might jeopardise future applications, however I would disagree. It is quite obvious that this is not the first time he has been discriminated against - but he should make damned sure it is the last! After so many rejections, he has nothing to lose but the stigma of having ME/CFS and believe me I'm amazed we're not forced to carry little bells like the lepers of old .

It is diabolical that this label is more damaging to someone seeking employment than any other medical condition, especially since on the one hand there are doctors who don't believe it exists and still term those afflicted as having "Eggshell personalities" and on the other there are those employers who seem to believe it is incurable. Well heck, it can't be both.

Good luck to your friend, he sounds like the sort of teacher we should have more of in schools today. :T

purplegirluk1

Yes CFS/ME does fall under the DDA. I too worked in a school and suffer from ME. As your friend has already been working in schools I should imagine he is with a union. They are who he needs to speak to. My union were excellent when my ME caused problems at work and without them the school would have asked me to leave with no arrangements for me. Tell him to contact his union ASAP and they will offer all the advice he needs.