Is this Discrimination?

Sambucus_Nigra

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.

Why did you want to know if it was discrimination or not, if you don't want to make a case out of it?

skibadee

Sambucus_Nigra wrote: »

Why did you want to know if it was discrimination or not, if you don't want to make a case out of it?

I stated 'I did not neccessarily want to make a case of it'!

Although I may not make a case of it, I wanted to know the legality as I was aready considering a very strongly/factual letter.....but I did not want to state facts that may not of been correct....if that makes sense???

I will as said still wait for this other letter to see what is now being said.

zzzLazyDaisy

skibadee wrote: »

I will as said still wait for this other letter to see what is now being said.

Come back if you want to discuss this further once you have had the second letter.

Good Luck

Dx

skibadee

Well I never recieved a letter today so emailed this is the reply...

I have spoken with HR and also my Ops Manager who agree that if we offer you the 20 hours then it will be subject to an assessment by Occupational Health. It does state in the offer that all appointments are subject to satisfactory medical clearance. I trust this will be agreeable to you and that we can proceed with the application

zzzLazyDaisy

Okay, well assuming you still want the job, I would write along the following lines

I refer to your letter of [date] offering me the position of Housekeeper, and to subsequent correspondence.

I note your concerns regarding my medical history. I am confident that I am fit to undertake the duties of Housekeeper and have no objections to meeting with your occupational health assessor.

I look forward to hearing from you shortly.

Yours etc

Make sure you make it clear in the letter that you have been offered the job, as they are using weaselly words about proceeding with your application. No OHA worth their salt is going to recommend that they dont employ you based on a past history of cancer. But if following this meeting they stand by their decision to withdraw the offer, you will be entitled to ask for a copy of the OHA report.

skibadee

zzzLazyDaisy wrote: »

Okay, well assuming you still want the job, I would write along the following lines

I refer to your letter of [date] offering me the position of Housekeeper, and to subsequent correspondence.

I note your concerns regarding my medical history. I am confident that I am fit to undertake the duties of Housekeeper and have no objections to meeting with your occupational health assessor.

I look forward to hearing from you shortly.

Yours etc

Make sure you make it clear in the letter that you have been offered the job, as they are using weaselly words about proceeding with your application. No OHA worth their salt is going to recommend that they dont employ you based on a past history of cancer. But if following this meeting they stand by their decision to withdraw the offer, you will be entitled to ask for a copy of the OHA report.

Thank you so very much, I will use that if you don't mind?

KiKi

Thanks for confirming LazyDaisy, I thought that was the case. OP, push for the job - there's no reason you shouldn't. And yes, use LD's words, she knows what she's talking about!

KiKi

zzzLazyDaisy

Awwww, thanks Kiki

Yes, Skibadee, go ahead and use my words.... and do please come back and let us know what happens!

Dx

skibadee

Well...before I saw zzzLazyDaisy's reply on here, I had emailed them and asked what was happening now? was I now waiting to hear from OH? Today I have this reply....

we can start you and then complete the referral to OH



So now I'm really confused??? How can they 'start' me...which would obviously mean me leaving my current position...THEN refer to OH..who could...then...refuse me????

zzzLazyDaisy

I suspect that someone has had a stern word with the manager who told you that the job offer had been withdrawn because of your medical history.

It is very unlikely indeed that the OHA would recommend that they terminate your employment because you had cancer some years ago. That would be blatant discrimination and OHAs are very aware of the Equality Act and its requirements. My concern would be that you might be working for a manager who does not want you, tried to withdraw the offer, and is now being told to put up and shut up. A resentful or vindictive manager does not make for a good working environment. Remember also that since April 2012 the service requirement for protection from unfair dismissal is now two years. There is no service requirement for dismissals related to disability discrimination, but if she dismisses you for poor performance (say) it may be difficult to prove that the real reason is because she never wanted you in the first place because of your medical history.

I suggest that you write to the company and lay your concerns on the line - that you were offered the job, then told it had been withdrawn because of your medical history, then told you could come in and see the OHA for an assessment after which your application would be processed, and now you are being told you can start the job, but that your continued employment is subject to satisfactory medical assessment, which could means that you are being asked to leave the security of your current position before the new employer has made a decision about whether you meet their medical conditions and ask for the assessment to be carried out before you commence employment, given their concerns expressed in earlier correspondence. I would address the letter to the HR Manager or CEO or someone higher up than the manager you are dealing with as s/he clearly hasn't a clue. Give me a shout if you want me to draft you a letter.

Alternatively you could bypass the numpty who you have been dealing with and try to phone and speak directly with the HR Department. I suspect there is a lot of back covering going on behind the scenes at the moment!

EDIT: there comes a point when e-mail ceases to be the best form of contact. If you do decide to write, I would send it special delivery (not registered post) so it gets there the next day and is signed for by a named person.