Is this Discrimination?

zzzLazyDaisy

Skibadee I am just reading back through this thread and I see that you received the letter withdrawing the job offer on 2nd October?

If that is right, your last day for making a claim to an ET is 1st January 2013

The claim can be done online, but you really do have to move quickly now.

I am just checking back over your chronology and will draft you a brief 'Details of Claim' so you can lodge your ET1 (Employment Tribunal claim). Once the ET1 has been lodged, this will give you time to get advice, and at that point the adviser can file an amended 'details of claim' giving more details if they think fit.

What you should NOT do is delay any further.

Dx

SarEl

Just to add... on this timescale, with tribunal offices closed for the entire period, I would advise that you must submit on line and make printed copies of submission confirmation WITH DATES. If anything goes wrong - and it does happen - you will be required to provide evidence, so again you will need printed copies of any error messages and dated copies. I would also, for safety, print copies of the claim, post a copy by tracked/ recorded mail on Saturday at the certainly latest, stating it is a copy of your online submission, and don't lose the postal receipt. It is better to send it by both methods for security than argue about why it is not out of time. I've seen people on here arguing about what they sent and when and how before now.... IT IS YOUR RESPONSIBILITY TO GET IT IN ON TIME AND PROVE YOU DID.

zzzLazyDaisy

Thanks SarEl. If you are around, perhaps you can cast your eye over this 'Details of Claim' for Box 5.2 of the ET1. As you know, my 'home ground' is representing employers, though I did specialise in discrimination law, so have a reasonable handle on the issues. I have tried not to get too much into evidence, while at the same time not leaving out any action that might be considered a continuation of the original discriminatory act.

OP SarEl's has repeated my concerns about time limits, which I have raised a number of times in this thread. If you wish to make a claim, you must deal with this now, and submit your claim online. You will get an online message confirming receipt, but technology is not perfect and you don't have much elbow room if anything goes wrong.

This is box 5.2. You need to complete the missing information and then copy and paste it into the online form. I have tried to keep it to one page, but if you need more space you can continue on the additional pages.

Dx

[FONT=&quot]Box 5.2 of tribunal claim form[/FONT]



[FONT=&quot]1. [/FONT][FONT=&quot]In 2004 I was diagnosed with breast cancer. The treatment was successful and the cancer has not returned. [/FONT]

[FONT=&quot]2. [/FONT][FONT=&quot] On 20th September 2012 I attended an interview for the position of Housekeeper at [ name and address of home]. I disclosed my previous history of cancer at the interview[/FONT]

[FONT=&quot]3. [/FONT][FONT=&quot]Two days later, on 22nd September, I received a written job offer, enclosing a medical questionnaire and CRB application form [/FONT]

[FONT=&quot]4. [/FONT][FONT=&quot]On Friday 28th September I took the completed forms to the home and handed them to [insert name] (the Home Manager)[/FONT]

[FONT=&quot]5. [/FONT][FONT=&quot]On Tuesday 2nd October, I received a letter through the post from the Home Manager advising me the job offer for permanent housekeeper had been withdrawn, and offering me the position of relief housekeeper instead[/FONT]

[FONT=&quot]6. [/FONT][FONT=&quot]On the same day I rang the home and spoke to the manager. She told me that the job offer had been withdrawn on medical grounds. She said the company had a strict policy regarding sick leave and it was felt that I may be off sick at times. She also said that she felt that the job might be too much for me. I reminded her that I am currently working full time as a nursery nurse caring for babies and toddlers, often working 9 hour days, whereas the housekeeper’s position is only 4 hours a day. I also explained that I had disclosed my health condition at the interview, that the job had been offered on that basis, and that I felt it was unfair to withdraw the job offer on the basis of a medical condition they were already aware of. The Manager told me that she would refer the matter back to the medical team, and that I should expect another letter[/FONT]

[FONT=&quot]7. [/FONT][FONT=&quot]One week later, on 8th October having heard nothing further, I again telephoned the home and left a message. Later the same day I received an e-mail from the Home Manager saying that she had spoken to HR and the Operations Manager, that the job offer was subject to an assessment by OHU and that, if I agreed with this, they could proceed with my application.[/FONT][FONT=&quot]I confirmed my agreement to this condition, but I heard nothing further about my pre-employment questionnaire, and the OHU assessment did not take place[/FONT]

[FONT=&quot]8. [/FONT][FONT=&quot]Between 8th October and 30thth October I sent several e-mail messages asking for an update and a definite start date as I was required to give 4 weeks’ notice to my current employer, and they needed to know in time to prepare the rotas for the Christmas period. I received no reply[/FONT]

[FONT=&quot]9. [/FONT][FONT=&quot]On 30th October I received an e-mail from HR confirming that my CRB check had been received and would be forwarded to the home,[/FONT]

[FONT=&quot]10. [/FONT][FONT=&quot]I then sent three further e-mails to the home asking for information but received no reply[/FONT]

[FONT=&quot]11. [/FONT][FONT=&quot]On Thursday 15th November I was contacted by [name] a member of staff at the home, who had been on the interview panel which offered me the job. She told me that she was contacting me to arrange a two week induction course, which I must complete before I could start working for the company. This was the first I knew about this. She seemed surprised when I told her that the job offer had been withdrawn. She then told me that she was too busy to make arrangements for the induction course right then as she was on a 12 hour shift, but that I should telephone her again at the weekend, and gave me a telephone number to call her on. She also told me that I should hand in my notice to my current employer. I was very concerned about handing in my notice when the job offer was dependent on me first passing an induction course, and I had not yet been given a start date, but as she was too busy to speak to me, I decided to wait until after the weekend, when I could discuss this with her properly[/FONT]

[FONT=&quot]12. [/FONT][FONT=&quot]On Saturday 17th November, I telephoned the number as requested. There was no answer so I left a message, but [name] did not return my call to arrange the induction course, as agreed[/FONT]

[FONT=&quot]13. [/FONT][FONT=&quot]Two months had now passed since I was first offered the job and despite my complying with all their conditions and instructions, the company had still not taken any steps to progress my appointment, and I had still not been given a start date[/FONT]

[FONT=&quot]14. [/FONT][FONT=&quot]Late on the evening of 18th November, having waited all weekend for the promised phone call which did not materialise I sent an e-mail to the HR department informing them of my decision to withdraw my application as I had lost all trust and confidence in the company as a prospective employer[/FONT]

[FONT=&quot]15. [/FONT][FONT=&quot]On 19th November I was informed that this matter had been passed to the Operations Manager for consideration[/FONT]

[FONT=&quot]16. [/FONT][FONT=&quot]On 28th November, I received an e-mail from HR informing me that they were in the process of referring my pre-employment questionnaire to their Occupational Health Unit for consideration as to the suitability of the post that I had applied for[/FONT]

[FONT=&quot]17. [/FONT][FONT=&quot]Later the same day I received an e-mail from the operations manager stating that in accordance with their normal policy he had referred my questionnaire to OHU for advice on any work related risk, ie chemicals, in the light of my ‘chest problems’ and that they would then contact me to arrange the induction course[/FONT]

[FONT=&quot]18. [/FONT][FONT=&quot]I was concerned about these developments as it appeared to me, from the e-mail that I had received on 8th October, that both HR and the Operations Manager had already been informed of the situation, yet they had waited almost another two months to refer my questionnaire to OHU. I was also concerned that despite being informed 6 weeks earlier, that I should hand in my notice to my current employer, I was now being informed that the company was still only considering my suitability for the position, and they could not proceed with the induction course until they received the OHU report, which contradicted the earlier information I had been given[/FONT]

[FONT=&quot]19. [/FONT][FONT=&quot]I was also concerned that they had referred my questionnaire to OHU because of my history of ‘chest problems'. It is correct that I had truthfully responded to the question about chest problems on the questionnaire, but I had also made it clear that this was in connection with the cancer treatment, which was in the past. I replied making it clear that I do not suffer from chest problems and that I do not have any undue susceptibility to chemicals. I also summarised the events to date, and repeated that I was asked to go for an OHU assessment immediately after the job withdrawal, which I agreed to, but that no steps were ever taken to arrange this, and my subsequent messages asking for a start date were ignored[/FONT]

[FONT=&quot]20. [/FONT][FONT=&quot]Eventually, on 22nd December 2012, I received a letter from the respondent giving me a start date of 14th January 2013. They were aware that I had to give 4 weeks’ notice to my current employer, so it would be impossible for me to start on that date. [/FONT]

[FONT=&quot]21. [/FONT][FONT=&quot]Further, the company has not made any attempt to address the fact that I had completely lost trust and confidence in them as a prospective employer, and has not addressed any of the issues and concerns that I raised in earlier correspondence. I have no faith that I would be treated fairly if I were to accept the job offer[/FONT]

[FONT=&quot]22. [/FONT][FONT=&quot]I believe that the respondent has discriminated against me on the grounds of my disability, contrary to the provisions of the Equality Act 2010, as follows:[/FONT]

zzzLazyDaisy

(22 continued)

(a) My past history of cancer amounts to a protected disability under the Equality Act 2010
(b) The respondent's conduct in withdrawing the job offer on 2nd October 2012, for reasons relating to my past cancer, amounted to unlawful disability discrimination
(c) The respondent's subsequent conduct in the way this matter was then dealt with over the following three months, amounted to a continuous act of disability discrimination


23 I believe that the respondent has a duty to take reasonable steps to ensure that its recruitment process does not place disabled applicants at a disadvantage. The respondent failed to take such steps and accordingly discriminated against me, contrary to the provisions of the Equality Act 2010, as follows:

(a) The respondent's series of conduct by and on behalf of its staff and managers, towards me, amounted to direct discrimination on the grounds of my disability; and
(b) he way in which the respondent's formal pre-assessment procedure was implemented (from my handing in the completed pre-employment questionnaire on 28th September, to being informed of the outcome of the OHU assessment on 22nd December 2012) amounted to indirect discrimination on the grounds of my disability

24 Accordingly I wish to claim compensation for disability discrimination, including loss of earnings, damages for injury to feelings, and interest.
[FONT=&quot][/FONT]

zzzLazyDaisy

Skibadee, the ET1 is a poorly drafted form and does not easily lend itself to recruitment claims.

Where you are asked for the date of the what happened, there is a box underneath - I suggest the you insert here 'continuous act ending on 22nd December 2012'

For any other questions that don't have a direct answer, just write 'please see details of claim at box 5.2 (continued)'

Please do not delay sending off your form in order to ask us further questions because there is likely to be a delay in us coming back to you over the christmas period. For myself, I am unlikely to be around much until after 1st January, and you need to get this form off before then.

Dx

SarEl

@zzzLazyDaisy - I have briefly reviewed the thread and the proposed draft and I think it does a good job of detailing a claim sufficient to fall within jurisdiction. As you mentioned before - an ET1 can be amended after submission anyway. They often are - and some are completly rewritten! So I think this does the job it needs to do. Now the OP needs to stop prevaricating and do the job they need to do! The clock is ticking...

skibadee

DONE!!!.....Don't know If I filled it all in properly, but its been submitted and have had automated email reciept etc.,

mariefab

Bearing in mind that the behaviour of this employer has been specifically outlawed since 1995; I sincerely hope that the OP does get a significant lump of money.
It may be the only thing that would motivate this employer to comply with discrimination legislation in the future.

skibadee

denla wrote: »

Not ignorant at all. I never said OP deserves to be discriminated. I'm questioning what OP hopes to gain by suing the employer. If the employer is fined that's alright, but why should OP receive a huge lump of money? I'm sure the OP wouldn't sue if it meant the employer gets fined or is forced to apologise on the headlines. OP probably plans to sue out of the prospect of receiving the lump of money.

Assumention yet again!!! did you not read by other reply to you???:mad:

You know nothing about me or my situation.....please leave the replies to those who do!!

skibadee

Have just remembered we have a local community Law Centre in Town, which deals with loads of things including employment issues....will give them a call when they re-open too.