Is this legal?

jobbingmusician

http://webarchive.nationalarchives.gov.uk/+/http:/www.bis.gov.uk/policies/higher-education/access-to-professions/prg/legal-issues/genuine-occupational-requirements

This gives the answer to your question, OP!

OneYorkshireLass

dharm999 wrote: »

Why dont you contact your local Remploy adviser?

My local Remploy advisor was not at all helpful at keeping me in my last job. And due to legal constraints (he was named in my employment tribunal case) that is as much as I can say. I would never go back to them, ever. I might try the Job Centre disability advisor though

Breezay

OneYorkshireLass wrote: »

My local Remploy advisor was not at all helpful at keeping me in my last job. And due to legal constraints (he was named in my employment tribunal case) that is as much as I can say. I would never go back to them, ever. I might try the Job Centre disability advisor though

That's a real shame

It's a pity there is no real job, it would suit me & my disability perfectly!

19lottie82

cross posted, sorry.....

jazabelle

MissSarah1972 wrote: »

It's narrowminded employers not my fault if they are finding it tough.

Just like most do not want to employ the unemployed.

Maybe I should tell employers are am partically deaf in one ear and that will get me a interview! (fact I am, not a joke)

Who said it was your fault? But you are the one that dismissed the difficulities people with disabilities have finding work, even more so that unemployed people. I'm not disputing the economy is awful, but having a disability and being unemployed is a nightmare.

For example in the Equality Act stopped employers asking about sick leave, and health issues up front. Yet I still see it all the time in application forms. So, do they answer the question (which may look negative if you need time off due to your condition), or tell them it's illegal and get labelled as a trouble maker?

There is also the question about reasonable adjustments for an interview. If I was honest I'd put level access, a very short walking distance, a parking space outside the door, no writing tests (due to hand cramping in seconds) so please provide a computer, no steps, a comfortable chair or I'll be fidgeting, water on hand as medication makes me constantly thirsty, and lots of others. Obviously no one is going to write all that, so I often put nothing, and then worry, or just put a few and worry that's me discarded.

And then employers see the problems with you. They see someone who may have lots of sick leave, will need lots of expensive equipment, and time.

In reality - yes, I need certain adjustments. But if they give them to me, if they're flexible - I'll work incredibly hard. Employers don't realise Access to Work exists to help with those adjustments, and that there's a good chance they won't pay a thing.

And when you get to a certain level in the workplace - part time jobs just don't exist. If you get to a level of manager, you can often reduce your hours - but getting a job with a high degree of responsibility that's part time is very rare.

OneYorkshireLass

Breezay wrote: »

That's a real shame

It's a pity there is no real job, it would suit me & my disability perfectly!

I've had quite a bit of interest via PM so if things do get off the ground I will bear people from MSE in mind

MissSarah1972

jazabelle wrote: »

For example in the Equality Act stopped employers asking about sick leave, and health issues up front. Yet I still see it all the time in application forms. So, do they answer the question (which may look negative if you need time off due to your condition), or tell them it's illegal and get labelled as a trouble maker?

They ask all people these questions. You may have had a lot of time off due to an illness that is not classed as a disabilty.

I have filled in many application forms where I have been asked for days off sick in the last 12 or 24 months.

Evilm

MissSarah1972 wrote: »

They ask all people these questions. You may have had a lot of time off due to an illness that is not classed as a disabilty.

I have filled in many application forms where I have been asked for days off sick in the last 12 or 24 months.

Yes but it is discriminatory and now they shouldn't be doing it (most places just haven't bothered to update their applications). And it has been stopped because it does skew things to be harder on some of those with a disability as they do have a higher likelyhood of having days off due to sickness.

MissSarah1972

Evilm wrote: »

Yes but it is discriminatory and now they shouldn't be doing it (most places just haven't bothered to update their applications). And it has been stopped because it does skew things to be harder on some of those with a disability as they do have a higher likelyhood of having days off due to sickness.

If I didnt fill that bit in I couldn't apply.

OneYorkshireLass

Re the 'how many days off sick' question. I was told by a Job Centre advisor that you should put only the amount of days sick you have had that are NOT related to your disability.