Great New Job! although past sickness & work related stress history

nicolar123

I have just been offered a great new job. Although I have been sent occupational health forms to complete asking about my health history.

I left a previous employment over a year ago with a compromise agreement, following five months off of work due to depression and stress that was work related. However 'work related stress' was due to falling out with my employer rather than my ability to undertake my job. I was a Health & Safety Adviser that found my employer in breach of regulations that they were not willing to address & I was not willing to turn a 'blind eye' too.

I am really worried about having to disclose this information, due to confidentiality in the CA I cannot mention details re my employer, but do have to mention my ill health, that I feel could reflect on my new employers opinion on my ability to do the job and worst case scenario a withdrawal of the job offer. Any advice would be appreciated.

skattykatty

I don't think the offer can be withdrawn once your employer finds out about your history - that's illegal non? I'm sure someone who knows about these things can confirm.

From personal experience, I was up front on my OH questionnaire. I wasn't asked anything about my sick record at interview and I got the job and it was only after starting that I was called in by my manager about the OH form. She implied that I wouldn't have got the job if she'd known. She thought I was going to melt down on the job. three years on I haven't and have even been given more hours work to do. I was advised by some people to lie. But am happy I didn't and that I have shown at least one prejudiced person that a history of depression doesn't make me useless!

I hope you get some more feedback and make an informed decision. Good luck!

Horace

I don't think that they can reasonably withdraw the job offer, answer the form truthfully too and don't fret about the work-related stress/depression that you suffered.

I was once in a similar situation - my boss was a bullying twerp and turned me from a confident woman into a gibbering wreck not only that the stress exacerbated an eye disease that I have to the point I had 4 operations in 12 months. it took me about 12 months to get myself back together and surprisingly although I still have the eye disease it doesn't bother me as much as it did because it is under control - stress makes it work, take away the stress and everything is fine.

Good luck in your new job and try not to stress about your previous sickness history.

t0rt0ise

They do have to be careful not to fall foul of the Equality Act. Depression can count as a disability under the law and they can't discriminate against you for it.

mrkidd85

You should have taken them to tribunal in your old job.

dseventy

This all depends if the OP has a conditional or unconditional job offer.

If its conditional on health clearance, they can withdraw it and suffer no comeback.

If its unconditional, they can still pull the offer, but the OP can claim for breach of contract.

D70

SarEl

dseventy wrote: »

This all depends if the OP has a conditional or unconditional job offer.

If its conditional on health clearance, they can withdraw it and suffer no comeback.

If its unconditional, they can still pull the offer, but the OP can claim for breach of contract.

D70

I agree. It's certainly not illegal to withdraw a job offer due to a poor attendance record due to sickness. Sickness is not the same thing as a disability. And it may not be unlawful to withdraw an offer if the job is consdiered, say, stressful, and the OP has a history of stress related illness. I don't know where this fiction about illness/ possible disability has come from - it is only "illegal" to make a decison based on such answers prior to an offer and without OH involvement (or another qualified assessor).

Although I wouldn't think that an unconditional offer would be made before an OH assessment, and nor do I think that breach of contract would be helpful - it might, and I stress, might, get you a couple of weeks pay if you are lucky!

However, yes, you tell OH the truth - and compromise agreement or not, you are permitted in law to tell them the whole truth or as much as you want to tell them/they want to know. They are professional advisors, and excluded from the provsions of the compromise agreement. You must make it clear to them that you are telling them this in that capacity and confidentially to allow them to make a reasonable and fair assessment of your health, but that these details should not be recorded or shared with anyone else. The fact is that the average OH assessment for a new starter consists of one line - "fit to do this job" or words to that effect, and nothing else. There is no reason why they need or would want to tell the employer anything else. I have known a lot of people in your position and cannot recall any circumstances where the report said anything more than that.

t0rt0ise

"The employer must not use information about your disability to discriminate against you because you are disabled."

http://www.direct.gov.uk/en/DisabledPeople/Employmentsupport/LookingForWork/DG_4000219

SarEl

t0rt0ise wrote: »

"The employer must not use information about your disability to discriminate against you because you are disabled."

http://www.direct.gov.uk/en/DisabledPeople/Employmentsupport/LookingForWork/DG_4000219

(a) there is no evidence here of a disability. Depression is not automatically a disability

(b) refusing a job to someone who has a disability is not in itself discrimination if the disability is such that they condition makes the person unfit (even with, if appropriate, reasonable adjustments) to do the job.

An employer is perfectly entitled to use information about a disability to make a determination as to the fitness of the individual to carry out a specific role - to do so is not discrimination. It is only discrimination if they unreasonably refuse employment to a person who is fit to undertake the role.

dseventy

t0rt0ise wrote: »

"The employer must not use information about your disability to discriminate against you because you are disabled."

http://www.direct.gov.uk/en/DisabledPeople/Employmentsupport/LookingForWork/DG_4000219

They will discriminate based on poor attendance at work, not a disability.

If you are not at work you are incapable of doing your job.

D70

t0rt0ise

dseventy wrote: »

They will discriminate based on poor attendance at work, not a disability.

If you are not at work you are incapable of doing your job.

D70

Well that depends as well doesn't it. If the depression does count as a disability, and I didn't say it would, I said it might do, then time off for it isn't normal sick time and shouldn't be mentioned. Nobody would know if the depression counts as a disability until a tribunal decides so it's just guesswork on the part of the employer until that time, so they are most likely going to err on the side of caution.