Is this Discrimination?

skibadee

I too do not understand the reference to 'Chest Problems'....why not just say Breast Cancer.

Well I still haven't heard from OHU, I am desperate to get out of my present job, as current employer makes up rules as she goes along (small company, Childrens Day Nursery Privately owned )

Will wait with baited breath to see what the OHU says....if they ever contact me!!

zzzLazyDaisy

Hi Skibadee, apologies, I have been away from my computer.

I too do not understand the reference to 'chest problems'. I suspect it is a case of 'chinese whispers'. The simple fact is that 'chest problems' are not [necessarily] covered by the EA 2010, whereas present and past cancer is expressly covered.

I would write straight back to the Operations Manager along the following lines:

Dear Mr Operations Manager

Re Post of Housekeeper, [xxx] Home, xxx Town

Thank you for your e-mail of [date].

There appears to be some confusion. I do not suffer from chest problems and have no undue susceptibility to chemicals, and there is nothing in my medical questionnaire to indicate that this may be the case.

The situation is that in [year] I suffered from cancer, which was successfully treated and there has been no recurrence of the condition.

I made full disclosure of this at interview on [date] and the company was fully aware of the facts when you offered me the post in your letter of [date].

However, on submitting the medical questionnaire confirming my earlier episode of cancer, the home manager (who was not on the interview panel) informed me that the post had been withdrawn due to my medical history (ie the cancer). When I challenged this, the manager agreed to allow my application to proceed subject to a satisfactory assessment by your OHA. Upon my agreeing to attend the assessment, the manager then informed me that an interview with the OHA was no longer necessary, and that the appointment would proceed. Despite my various e-mails and telephone calls - the majority of which remained unanswered - no further progress was made regarding the appointment, and despite my repeated requests I was never given a start date.

Yours sincerely

Skibadee

skibadee

Well sent the above letter.....reply basiclly said that I had circled had suffered a chest infection ....I had stated that this was a side effect of cancer treatment.

I have heard nothing from OHU, I was offered this job in mid September....its now December.....!!

zzzLazyDaisy...did you say that I only have 3mths to bring a discrimination case?.....if so I am beginning to think they are dragging their heels as they know I can't do anything after 3mths??

KiKi

skibadee wrote: »

Well sent the above letter.....reply basiclly said that I had circled had suffered a chest infection ....I had stated that this was a side effect of cancer treatment.

I have heard nothing from OHU, I was offered this job in mid September....its now December.....!!

zzzLazyDaisy...did you say that I only have 3mths to bring a discrimination case?.....if so I am beginning to think they are dragging their heels as they know I can't do anything after 3mths??

3 months less one day to bring a tribunal claim.

JohnnyCash1919

Sorry to hijack the thread but thought I would add my own just for a bit of a laugh.

The MD at work has turned the central heating down as it's costing too much and told the office staff they will have to wear more clothes if they want to be warm but the Chinese lady in accounts is allowed to bring her own heater in because she's Chinese and feels the cold more.

Uncertain

KiKi wrote: »

3 months less one day to bring a tribunal claim.

Hopefully Daisy or SarEl can tell us when the three months (less a day) began.

I assume (but don't know for certain) it would be from when the job offer was withdrawn and not from when it was first offered???

denla

JohnnyCash1919 wrote: »

Sorry to hijack the thread but thought I would add my own just for a bit of a laugh.

The MD at work has turned the central heating down as it's costing too much and told the office staff they will have to wear more clothes if they want to be warm but the Chinese lady in accounts is allowed to bring her own heater in because she's Chinese and feels the cold more.

Ahahahahahahaha!!!! That's one lousy excuse.

zzzLazyDaisy

zzzLazyDaisy wrote: »

Also, if you wish to explore the possibility of making a formal complaint to an employment tribunal, come back and we'll talk you through what needs to be done. But do bear in mind that a claim would need to be filed within three months of the discriminatory act - so by 1st January to be on the safe side (which for all practical purposes, means you should aim to get any complaint in before the christmas break).
Dx

The time limit for making a complaint runs from the last discriminatory act BUT they will raise all sorts of arguments to try and show that the later acts were not discriminatory, so my advice would be to take the withdrawal of the position as the relevant date, which was 2nd October (see above quote from earlier in the thread).

And yes, Skibadee, I am inclined to agree with you - it seems that there is a good possibility that they are prevaricating to talk you out of time. This has been going on for three months, and they still haven't progressed the appointment or offered you a start date.

I have to say that - in your shoes - I would just get on with a tribunal claim, as they are taking the p*ss (in my view)

Am I remembering correctly that you have legal insurance? If so my advice is that you should phone the insurer and explain that you were offered a job in September which was then withdrawn when they received your medical questionnaire stating that you had previously had cancer. That when you challenged this they agreed that your application could proceed but almost three months later they are still making excuses and refusing to give you a start date, and that you believe that they are trying to delay until you are outside the three month time limit for making a claim to a tribunal. Tell them that you need urgent advice about making a tribunal claim for disability discrimination. Realistically you need to get your claim in before christmas and time is running out. You may need to put in a 'holding claim' and file a more detailed version of events once you have had chance to seek full advice (we can help you do that).

You also need to bring the time log of events up to date, making sure that you include all phone calls, emails, letters etc. Copy all documents, including the application and medical questionnaire (I am assuming you kept copies, but don't worry if you didn't as they can be obtained later). Prepare two sets of copies - one for the insurer and one for yourself (keep the originals safe and do not give them to anyone - these things have a habit of getting lost)

skibadee

Thank you zzzLazyDaisy...............I am going to get this underway I think, as I was told last week that OH would contact me within days.....nothing!!

Aptly I ticked '' have had chest infections''....as a result of cancer treatment...as I stated in post above.....but really...does it take this long for OH to get in contact with me???


Where do I start? obviouly get my husband to get in touch with the legal cover at work??

zzzLazyDaisy

Hi Skibadee

As I said above - you need to contact the insurer and explain what is going on and that you wish to make a complaint to an employment tribunal about unlawful discrimination on the grounds of your disability (cancer present or past is a 'disability' in law under the Equality Act 2010, for these purposes).

Bring your timeline of events bang up to date - remember to include the phone calls with the person at the home who told you to hand in your notice, and the fact that they told you to phone at the weekend to arrange induction, but then never got back to you. Then include your correspondence with HR and the operations manager. Make sure you include all emails phone calls etc , as it is often only when the time line is set out that the pattern of what happened and the inconsistencies can be clearly seen.

The insurer will refer you to a lawyer. It is much better for the lawyer who is going to act for you to file the proceedings, as they will have their own way of doing things. But if there is any delay in seeing the lawyer, you should get your claim in, rather than miss the deadline.

Let us know how you get on

Dx