Dicrimation?

malifax_2

Hello

I have applied for a job as a bus driver and have been knocked back. I attended a medical and thought that honesty is the best policy so stated that I had an accident in 1989 in which i hurt my back. Since 1994 I have been back in full time employment and have never had a day off with back problems.

The company dr picked up on this and asked my GP for his view on this. I obtained a letter from the GP and he stated that indeed I was not expriencing any ongoing problems. The company dr re-examied me and filled in the relevant paperwork to send to the DVLA. She also filled in a white form for me to give to the HR dept after the medical. The lady in HR said that a manager would have to make the descion on employment or not.

The manager has come back and said no due to my medical problems. I honestly feel that I have been discrimated against and have read the company policy on discrimation which seems to back me up.

I am asking does anyone know what I should do now?

kelloggs36

You could ask specifically what medical problems, since you are unaware of any?

CFC

Mmm this is an interesting one. Ask for their reasons in writing, then we can see what they are saying. Is it because they think that you have an ongoing condition, which may need time off in the future, or is it because they think that you are at worse risk of being injured badly in the case of an accident? Ask them and see what they say.

malifax_2

just got the thanks but no thanks letter in the post

" we now have the results of your medical and I regret to inform you that you did not acheive the required standard. Therefore we will not be proceeding with your application."

I also recieved an e-mail after I challenged the descion and mentioned the fact I felt I had been dicrimated.

"Further to your e mail I have re examined your application form at the
point where you have been asked the question
"Do you have a disability or condition which could affect your ability
to
do this job?"to which you have responded no

The application form further asks " Do you consider yourself to have a
disability" to which you have responded no

For clarification purposes are you now stating that you are either
registered disabled or claiming any disability allowances?"

Am I right in thinking no one is registered disabled anymore (old green card scheme) Do I need to tell them I recieve some benefits?

I answered no to the first question as I have always been able to drive so did not think yes would be a honest answer.

Thanks for any help folks

Oldernotwiser

You're correct that there's no such thing as registered disabled anymore, although the expression is sometimes still used, generally referring to someone receiving DLA.
You're in a bit of a Catch 22 situation with this one. On the one hand you're saying that you've been discriminated against because of a disability but on the other you've answered "no" to the disability question on the application form. I do sympathise with your situation but you can't really have it both ways.

wolfehouse

you can look at the definition of a disability here:
http://www.drc.org.uk/default.aspx?page=1118&key
the disability rights commission are the people to go to if you feel you have been discriminated against because of a disability.
they have a helpline (8-8 m-f) 08457 622 633
and if they can't help i'm sure they will tell you who can.

CFC

That's a bit of a tricky one. They're turning you down on medical grounds but you've said that you don't consider yourself to have a disability. If you had said that you did, it would be much more difficult for them to turn you down.

If your condition may reoccur in the future and have a substantial impact on your daily life, you can still consider yourself disabled. If this is actually the case, then do tell them that.

They tell you that you don't come up to medical standards - ask them specifically which standards you don't meet.

Oldernotwiser

CFC wrote:

That's a bit of a tricky one. They're turning you down on medical grounds but you've said that you don't consider yourself to have a disability. If you had said that you did, it would be much more difficult for them to turn you down.

If your condition may reoccur in the future and have a substantial impact on your daily life, you can still consider yourself disabled. If this is actually the case, then do tell them that.

They tell you that you don't come up to medical standards - ask them specifically which standards you don't meet.

But if OP doesn't consider himself to have a disability, how is he claiming benefits for it? (my reading of his post.)

CFC

Oh yes you're right, Olderbutwiser, I missed that bit in Op's last post.

malifax_2

got a job now with an employer who doesn't give a hoot if I am disabled or not as long as I can do the job.:j Thanks for the help though folks.