Is this Discrimination?

skibadee

zzzLazyDaisy wrote: »

I suspect that someone has had a stern word with the manager who told you that the job offer had been withdrawn because of your medical history.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that you write to the company and lay your concerns on the line - that you were offered the job, then told it had been withdrawn because of your medical history, then told you could come in and see the OHA for an assessment after which your application would be processed, and now you are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.

Thank you...if you would be kind enough to draft me a letter I would appreciate that.....as the above you have mentioned is what is concerning me.
I think she has tried to cover her back now by emaiing me this....


Yes because you will be on probation anyway for the first six months. It just means that should we have any concerns then OH will be aware and can then assess you. Hopefully this won`t be necessary . This is company policy and standard practice for all employees

Acc72

zzzLazyDaisy wrote: »

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.

Some good advice on this thread, however before you hand in your notice at youyr current job please carefully consider the above.

Ps - as your illness was some years ago, why did you disclose it ?

Were you specifically asked about sickness absence going back so many years ?

skibadee

Acc72 wrote: »

Some good advice on this thread, however before you hand in your notice at youyr current job please carefully consider the above.

Ps - as your illness was some years ago, why did you disclose it ?

Were you specifically asked about sickness absence going back so many years ?

Yes I was, it also stated 'failure to disclose etc.,'

zzzLazyDaisy

okay, how about this:

Dear [insert name of head of HR Dept]

Re: Position of Housekeeper at [insert name] Nursing home; [insert town]

I refer to the letter dated [insert date] offering me the position of Housekeeper, and to subsequent telephone and e-mailed correspondence.

As you will be aware, following my acceptance of the post, I was informed that the appointment was subject to medical clearance, and that my previous experience of cancer makes me unsuitable for the position, although you were prepared to offer me the post of relief housekeeper instead. Following further correspondence you agreed to allow my application to proceed subject to a prior assessment by your OHA. On agreeing to this, I was then advised that the required medical assessment will not now be carried out until after I have started employment with your company.

I would like to make it clear that I am keen to take up the appontment of housekeeper, and am confident that I am fit and able to fulfill the duties. However I am concerned that in leaving my current post to take up this position before the required medical checks have been completed by your company, I run the risk that you may still find me unsuitable for the post on medical grounds, as indicated in previous correspondence.

I am sure you will appreciate my concerns and should be grateful if you could clarify the position regarding the medical clearance.

I look forward to hearing from you as soon as possible,

Yours etc

skibadee

Thats fantastic...Thank You zzzLazyDaisy x

KiKi

skibadee wrote: »

Yes because you will be on probation anyway for the first six months. It just means that should we have any concerns then OH will be aware and can then assess you. Hopefully this won`t be necessary . This is company policy and standard practice for all employees

I find this laughable (literally, it's quite funny) on two counts.

a) 'Probation' means nothing unless your contract changes after this point. They can sack you for any reason in the first two years anyway (not their contrived six months) - discrimination and TU reasons excepting.

b) If you were dismissed for medical reasons relating to your cancer then, unless you were actually unable to do the job, you'd have a case for disability discrimination anyway. And they can refer you to OH at any time, not just the first six months.

As LD says, it stinks of the manager realising they were wrong and now trying to over-explain and cover his / her back!!!

Hope you get a more helpful response from your letter!
KiKi

zzzLazyDaisy

No problem. Send it to a named senior manager in the company, by special delivery. Obviously keep a copy, and also keep the receipt that you get from the post office safe too.

SD costs about £4 I think, but it is worth it because they have to get a signature which they scan onto the website, so it is much more likely to hit the desk of the manager concerned.

jazabelle

Every case is of course different, but I had a similar thing where I applied for a job, ticked the disabled box to disclose, etc. We had discussed it in the interview in the form of reasonable adjutments, so i explained i could only walk briefly, couldnt lift, etc etc. I was then offered the job and the head of the department then asked what my disability was. At that point they were still not sure what I had (I now know) to I tried to explain some of the symptoms which includes pain, fatigue and mobility issues She then panicked and started to say the job was probably not suitable for someone with 'one of those chronic fatigue thingys.'

I protested, there was nothing in the job description I couldn't do, nothing mentioned at interview.

She asked for an occupational health referral. I was really worried, picturing some intensive assessment and a rejection of the job. Instead the doctor was really nice, asked if my previous employers put anything in place to help. I explained at that point my sick leave had been fine, but I did have hospital appointments sometimes during work hours.

He then wrote to the head saying there was no reason I couldn't do the job, as long as they gave me the support needed, looked at reasonable adjustments, were considerate of additional sick leave if needed without penalties.

So he almost turned it back on them.

As it happens, she turned out to be very supportive of me during my time there, but I still frown at her response, which is hard to get across on here due to the panicked tone she used!

Of course your situation is even more laughable that they are trying to get out of giving you the job due to past health issues.

Good luck, keep us updated.

skibadee

jazabelle wrote: »

Every case is of course different, but I had a similar thing where I applied for a job, ticked the disabled box to disclose, etc. We had discussed it in the interview in the form of reasonable adjutments, so i explained i could only walk briefly, couldnt lift, etc etc. I was then offered the job and the head of the department then asked what my disability was. At that point they were still not sure what I had (I now know) to I tried to explain some of the symptoms which includes pain, fatigue and mobility issues She then panicked and started to say the job was probably not suitable for someone with 'one of those chronic fatigue thingys.'

I protested, there was nothing in the job description I couldn't do, nothing mentioned at interview.

She asked for an occupational health referral. I was really worried, picturing some intensive assessment and a rejection of the job. Instead the doctor was really nice, asked if my previous employers put anything in place to help. I explained at that point my sick leave had been fine, but I did have hospital appointments sometimes during work hours.

He then wrote to the head saying there was no reason I couldn't do the job, as long as they gave me the support needed, looked at reasonable adjustments, were considerate of additional sick leave if needed without penalties.

So he almost turned it back on them.

As it happens, she turned out to be very supportive of me during my time there, but I still frown at her response, which is hard to get across on here due to the panicked tone she used!

Of course your situation is even more laughable that they are trying to get out of giving you the job due to past health issues.

Good luck, keep us updated.

Thank you jazabelle, that gives me hope and makes me feel less daunted by an assessment


By the way...forgot to mention in first post, both ladies who interviewed me were aware of the Breast Cancer as I mentioned it at the interview.....as far as I'm concerned I was offered the job on merit, then the manager ( who actually said in phonecall '' I wasn't there when you were interviewed' ) made her own opinions when reading the medical questionnaire which was sent to me AFTER the offer!

melb

do you want to be employed by a company which acts this way before you've even started work there? Is it a particularly well-paid position or do jobs such as this not come up very often? I think it sounds a lot of hassle but wish you all the luck in the world if you decide to proceed