Signed off sick, next move?

flashnazia

Takeaway_Addict wrote: »

actually now they cannot ask you about absence/sickness until after they have offered a job so 6 months on the sick wouldn't show until after the job offer and then if the employer dismisses because of this reason they could get themselves in a whole heap of trouble.

However, there will be employers who will look to dismiss as soon as any sickness in the first 2 years starts to become untenable and it will always be in the back of their minds that there was a large period of sickness before employment.

Sigh.

Employers can ask via references after they have made a conditional job offer. They can then withdraw the offer and this is lawful if the illness is not a disability. Stress and depression is only covered by The Equality Act if it is a

physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on the ability to do normal daily activities.

Takeaway_Addict

flashnazia wrote: »

Sigh.

Employers can ask via references after they have made a conditional job offer. They can then withdraw the offer and this is lawful if the illness is not a disability. Stress and depression is only covered by The Equality Act if it is a

I said could, not would...

But thanks for the condescending tone

zzzLazyDaisy

cockaleekee wrote: »

The OP *may* be granted protection under the Equality Act (the DDA is long gone). However, they will need to demonstrate that they have been discriminated against, and it is all too easy for an employer to demonstrate that another applicant had more relevant experience.

Just to be clear, under the EA 2010, employers are banned from asking health related questions during the application/interview process, and this includes questions about sickness absence.

Once a job offer has been made, the employer can then require a pre-employment medical questionnaire and/or an assessment by an OHA. If this reveals that the person has a history of sickness absence, or a medical problem, and the employer withdraws the job offer, this may amount to unlawful discrimination, but only if the illness amounts to a disability.

It was precisely because of the point you made, that this change was introduced.