Is this Discrimination?

smallfish_3

Hi Skibadee

I'm not qualified to comment on discrimination however it seems like you've had a qualified respnse from other helpful souls already.
I just wanted to say please don't be put off applying for other jobs, whatever the outcome is in this case. Everyone should be judged on their merits and if they offered you the relief position (sound like it could be a case of the right hand not knowing whatt the left is doing??) then you know that your merits were at least recognised and will be again.
It's fantastic to hear your health is recovering and I hope you continue to go from strength to strength, personally AND professionally. Good luck with the job hunting

zzzLazyDaisy

skibadee wrote: »

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

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!

I am sorry, I shouldn't be laughing because I know from where you are sitting it's not funny.... but that manager has really put her neck on the block here.

The company did everything properly, the medical questionaire should always be sent out after the job offer has been made - this protects the company against allegations of discrimination from people who don't get the job in the first place. The point of sending the questionnaire is to ensure they are aware of any health problems so that they don't unwittingly discriminate against you and that they comply with any obligations they may have. They sound like a good company to work for, and the fact that they offered you the position after you disclosed this at interview sets my mind at rest about this.

Despite my earlier comments I would urge you not to be put off by this silly person who has no idea what she is doing and wasn't even involved in the interview or selection process.

Let us know what happens

Dx

skibadee

Thanks zzzLazyDaisy....to be honest, the more I think about it..the more determined it makes me to prove her wrong.....I think she's contradicted herself more than once....which gives me reason to believe someone has put her straight!!

I'll sit and wait for the next correspondance I think before sending my now prepared letter...thanks to you....to their HR/OH Department.

zzzLazyDaisy

skibadee wrote: »

Thanks zzzLazyDaisy....to be honest, the more I think about it..the more determined it makes me to prove her wrong.....I think she's contradicted herself more than once....which gives me reason to believe someone has put her straight!!

I'll sit and wait for the next correspondance I think before sending my now prepared letter...thanks to you....to their HR/OH Department.

Ok but don't leave it hanging.

If you haven't already done so, phone/e-mail someone (preferably not this woman if you can avoid it) and Tell them you are looking forward to working for them and ask them to confirm a start date so you can hand in your notice to your current employer. This should get things moving and at least you will know where you stand. It is highly unlikely that the will get rid of you on health grounds once you have started work for them - not just because it would be unlawful discrimination, but because apart from this woman, they seem to have a HR dept thats on the ball.

Uncertain

zzzLazyDaisy wrote: »

It is highly unlikely that the will get rid of you on health grounds once you have started work for them - not just because it would be unlawful discrimination, but because apart from this woman, they seem to have a HR dept thats on the ball.

I wish I had your confidence on this.

Obviously that is what should happen and maybe it will turn out like that. I certainly hope so if the OP resigns from her current job and makes the move.

My more cynical take is that the firm decided that they did not want to employ her due to her medical history. Obviously this would have been unlawful discrimination and somebody has been switched on enough to realise this at the eleventh hour. They are trying to stop themselves ending up on the wrong end of a claim.

The question now is whether they can be trusted to act totally objectively from here forward or if they will look for any excuse to terminate her employment providing they feel it is safely removed from disability discrimination.

Not an easy call I'm afraid.

zzzLazyDaisy

Normally I would agree - in fact my earlier comments were along those lines.

But since then OP has said that she gave them full details about her medical history at her interview - they had ample opportunity to find a reason not to employ her, yet they offered her the job knowing about her previous health problems. The manager who withdrew the offer after seeing her medical form was not at the interview and also it seems did not consult with HR until after OP challenged her about the decision to withdraw the offer. Once HR got involved she began to change her tune. That's why I am inclined to think that the woman is a loose cannon and not speaking on behalf of the company.

However, the comments about having to work 2 years before general employment protection legislation kicks in still stand.

skibadee

Thanks for all your help, I have today, recieved another letter offering me the position ...( guess this would have to be done as the last letter withdrew the offer? )....they also asked for the CRB information which I have already been to the home and given them, they photocopied it all and I completed the form whilst there....I rang them and told them this....fortunately when they checked my file they found the completed form and information.

I intend to return the offer tomorrow accepting it, but also put in a letter stating that I agree to a assessment prior to starting if OH require this, also a reminder that I have to give 4 wks notice in my current position so would appreciate notifiction when CRB is cleared...though if my memory serves me right its actually me the CRB comes to......obviously the CRBs can take upto 6 - 8 wks at time, then I have to give 4 wks notice!!


I am considering asking that once the CRB is recieved...maybe I could go in voluntarily for a few hours now and then to shadow to see what exactly is involved so I have a idea of what my shift/shifts would involve....do you thik this would be a good idea? ....I have no doubt that I am more than capable of carrying out the position....but also think it would be good to have a little insight before starting.

LittleVoice

skibadee wrote: »

Thanks for all your help, I have today, recieved another letter offering me the position ...( guess this would have to be done as the last letter withdrew the offer? )....they also asked for the CRB information which I have already been to the home and given them, they photocopied it all and I completed the form whilst there....I rang them and told them this....fortunately when they checked my file they found the completed form and information.

I intend to return the offer tomorrow accepting it, but also put in a letter stating that I agree to a assessment prior to starting if OH require this, also a reminder that I have to give 4 wks notice in my current position so would appreciate notifiction when CRB is cleared...though if my memory serves me right its actually me the CRB comes to......obviously the CRBs can take upto 6 - 8 wks at time, then I have to give 4 wks notice!!


I am considering asking that once the CRB is recieved...maybe I could go in voluntarily for a few hours now and then to shadow to see what exactly is involved so I have a idea of what my shift/shifts would involve....do you thik this would be a good idea? ....I have no doubt that I am more than capable of carrying out the position....but also think it would be good to have a little insight before starting.

The CRB documents are sent to both you and the employer, you both get a copy.

t0rt0ise

I had a CRB check done last year and it took just two days so don't assume it will take a long time. If you keep a note of the number on the form you can look up on the web to see where your application has got in the process.

skibadee

t0rt0ise wrote: »

I had a CRB check done last year and it took just two days so don't assume it will take a long time. If you keep a note of the number on the form you can look up on the web to see where your application has got in the process.

Oh damn!! I wish I knew that, I'd of took the number off the form .