Is this Discrimination?

skibadee

I recently had a interview for the position of housekeeper in a nursing home, 20hrs a week, 4hrs a day...I was offered the position on condition of satisfactory references, CRB, and medical.

On Thursday I recieved a letter from them stating they were withdrawing the offer.

I rang and spoke to the Manager, she told me it was for medical reasons ( I was diagnosed with Breast Cancer 8yrs ago, underwent surgery, chemotherapy, radiotherapy and 5yrs of hormone treatment )

She said the company had a strict policy regarding sick leave and it was felt I may be off sick at times, also that she felt the job would be too much for me.....I reminded her that at the moment I work as a Nursery Nurse caring for 0 - 2's, 30hrs a week some days can be 9hrs long.

She asked if I felt I could deal with position then? I replied yes, so she told me she would speak to medical team again and send another letter to me? still waiting for that.

Ironically they offered me at the same time as withdrawing job offer the relief housekeepers position!

dseventy

<Removed from thread> - Dont' want to participate.

skibadee

Thanks dseventy.

I guess I'm just very disappointed as I was looking forward to starting the position.

I would like, at least the chance to show them I am capable of the position.

I will wait to see what the next letter says.

KiKi

Cancer is automatically covered under the Equality Act, so is treated as a disability.

However, I don't know if that applies once you're in remission / no longer receiving treatment, and they are looking at your sick leave days rather than your illness.

If they have been stupid enough to refuse you the job and put in writing that it's because you had cancer then it's possible you have a case, but I'm afraid I don't know enough, or what you could do about it. Hopefully someone else will know.

zzzLazyDaisy

Cancer continues to be covered under the Equality Act, even after the person has recovered/is no longer receiving treatment. So if an employer withdraws a job offer because an applicant has previously had cancer, even though they no longer have cancer now, that is still unlawful discrimination.

There was a very similar case last year about a solicitor who'd had a long time off work with depression, and then later had applied for and been offered a job. They withdrew the job offer because of her history of depression which was revealed in her medical questionnaire because they were concerned that she might have time off work on sick leave if her depression came back.

The EAT ruled that this was unlawful discrimination.

EDIT - if having reconsidered the situation, they still withdraw the job offer, then your recourse is to an employment tribunal for unlawful discrimination on the grounds of disability. You may have difficulty proving that the reason they have withdrawn the offer is because of the cancer (and not for example because of your references, say).

So you should keep detailed notes of all conversations.

If they are actually stupid enough to confirm in writing that the reason form withdrawing the job offer is that they are concerned about your possible sickness record in the future, then they are stuffed.

You might want to speak to an adviser at the Equality Commission for advice on your own particular circumstances.

http://www.equalityhumanrights.com/advice-and-guidance/

dseventy

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dseventy

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skibadee

Thanks for the information/advice .

I don't neccessarily want to make a case of it, but it has also put me off applying for other jobs now incase I get the same response!

I will still wait to see what the letter says though.

Takeaway_Addict

skibadee wrote: »

Thanks for the information/advice .

I don't neccessarily want to make a case of it, but it has also put me off applying for other jobs now incase I get the same response!

I will still wait to see what the letter says though.

Don't be put of applying, most people aren't narrow minded like this decision maker in this company and whilst you may not want to make a case of it I would suggest a strongly worded letter to them regarding their 'policy' would at least make you feel better (presuming they don't reconsider).

skibadee

Thank you Takeaway_Addict .

ohreally

Skibadee, please get informed opinion on this. I believe the employer was wrong to take this approach - "justification is no defence" in this situation.
You may want to consider contacting the ERHC

In relation to recruitment (including potential applicants and
those who have notified the employer that they may be an
applicant), the employer must not discriminate against a
disabled person:
in the arrangements made for determining who should be
offered employment
in the terms on which the disabled person is offered
employment
by refusing to offer, or deliberately not offering, the disabled
person employment.

http://www.equalityhumanrights.com/uploaded_files/Employers/a_practical_guide_to_the_law_and_best_practice_for_employers_emp14.pdf