Is this legal?

SJI85

I recently had a job offer. It took a few months to get a start date due to DBS and health report being required. Unfortunately once I was about to get a start date I was going through a bad patch (I have bipolar disorder) and entered a period of depression and painkiller misuse.

If I have bipolar (I prefer the term mood disorder). It's at the mild end of the spectrum. It's just complicated by dyspraxia/possible Aspergers.

I should say at this point that although the company got a medical report it wasn't very good. In fact in reply to the question asking if I was fit enough for the job, the GP just wrote "I'm not an expert in occupational medicine so can't comment". I believe this is because it was a new GP surgery, and most of the support I've received in the last few years has been through university rather than NHS.

I met with a manager in the company to discuss the medical report and, although she was concerned with the lack of detail, we agreed to go ahead and she gave the green light to HR.

Unfortunately, as mention, a bad patch began. I informed the company of , assuming they'd just postpone my start daate until I felt better, get a new medical report, and if I was fit enough they'd let me back.

Instead I was told they'd need to withdraw the job offer. But that I was free to apply once I felt better and they'd "get the ball rolling again".

When I received the email confirming this withdrawl I noticed it said the offer was withdrawn as I failed to provide them with the documents they needed in time (specifically my medical report). This isn't true. Everything was provided.

So now if I want to work with them I have to re-apply from the very start and it seems there's no guarantee I'll get through the assessment stage again.

Have they acted legally or could this be perceived as discrimination? I thought they'd at least wait a few weeks/couple of months until I was better and re-evaluate things.

monty-doggy

First of all I understand why you just be feeling frustrated, however, With all due respect, why would a company wait any longer? You were not yet an employee and having illness without being able to even start the job doesn't look good for your future with the company.

I think the best thing you could do is get yourself well and then either try again or look for something else. You have to see this from the employers point of view.

SJI85

monty-doggy wrote: »

First of all I understand why you just be feeling frustrated, however, With all due respect, why would a company wait any longer?

I think the best thing you could do is get yourself well and then either try again or look for something else. You have to see this from the employers point of view.

Which is why I'm simply asking for the feedback of others. I'm making no opinion that it was unreasonable of them and certainly can't say they discriminated.

It's also a little unfair to say I need to see this from the employers' point of view. I think I always have, ever said it happened two months ago. But I do have concerns as I'll discuss.

You were not yet an employee and having illness without being able to even start the job doesn't look good for your future with the company.

But I don't see this as relevant, as they still have a legal obligation not to discrminate, nor did I ever say I was unable to start the job (yes, taking the painkillers would have been worrying , especially as it was a job supporting vulnerable people so there was a duty of care not just to me and other employees). This is why have have sympathy for the employer.

But surely at the very least it would have been good practice for them to have postponed my employment until the next intake, or the intake after that, and get a new medical assessment done and have a proper discussing with HR regarding support and reasonable adjustments?

After all, they almost continuously recruit. So I don't think waiting until the next intake would have been in any way inconvenient.

bluenoseam

Ultimately though while you provided a medical report, by your own admission it was fairly vague & non-comittal, the doctor never actually said you were fit to start work, which is every bit as important as them saying you were unfit to work. (If that makes sense - think of it kinda like "the silence is deafening" sort of thing)

Ultimately though, you're thinking good practice may have been to postpone your start date, but that's for your own benefit. Good practice is infact to not give you false hope & string you along, ultimately you could be some ways off getting the "fit to start" from your GP. They have to weigh up the balance between "good practice" and "what's right" - from what you've said they're constantly recruiting, which means they're looking for people who could start immediately. Anything less than that puts them at a disadvantage, so while it's bad for you, it would be worse for the company to wait - ultimately the company's first priority is the company.

I think what they've done is weigh up the argument but have decided that at this time they cannot continue with your application due to excess uncertainty. I think from your perspective you should look more towards the positives from this, they didn't difinitively shut the door on you, probably as a means of keeping your head up for the future. That to me would indicate that they are impressed with your quality but feel that the timing doesn't suit right now but may suit in the future.

jobbingmusician

I think it would be worth you contacting the EASS for their advice... http://www.equalityhumanrights.com/about-us/advice-from-our-helpline

ableandy

jobbingmusician, I do not understand why you are referring the OP to EASS, they have been treated no less favourably than someone who was not ill.

The employer needed someone now and as the OP is not available to start when required they have withdrawn the offer, I fail to see what they have done wrong.

That said, by stating the OP had failed to submit something that they had submitted might infer that the recruiter is not aware that the medical report was received on time. It was a manager who met with the OP and discussed the report (which is a strange situation given the Data Protection Act) not HR.

OP, I would advise replying to their email stating that the report was submitted and that you had met with manager xxx to discuss its contents, after which they had recommended to HR that you be employed and so you find it strange that they are now stating you failed to provide the information.

SJI85

ableandy wrote: »

jobbingmusician, I do not understand why you are referring the OP to EASS, they have been treated no less favourably than someone who was not ill.

It's alright, I'm well aware of the EASS (and previously EHRC) anyway, having almost taken legal action against my university several years ago. But that situation resolved itself with a formal complaint (which was upheld). So I know what support they can offer and when it's appropriate to contact them.

But nobody has said that I'm unable to start at this moment in time. There was no discussion with HR (and little discussion with the "manager" who I'd met with to discuss my report). No discussion of whether I'm still able to start employment but to consider some reasonable adjustments.

The employer needed someone now and as the OP is not available to start when required they have withdrawn the offer, I fail to see what they have done wrong.

Yes, but in my case my reason for not being available to start (if we assume I wasn't available) was because of disability - a protected characteristic. I might not have been treated less favourably, for someone else who was unable to start would have still had the offer withdrawn, but I still feel it would have only been good practice to have

That said, by stating the OP had failed to submit something that they had submitted might infer that the recruiter is not aware that the medical report was received on time. It was a manager who met with the OP and discussed the report (which is a strange situation given the Data Protection Act) not HR.

I don't think she's a manager as such, I've forgotten her job title, but it wasn't HR/Employee Onboarding as such. But I think she did oversee the services in the region and another region.

The company provides supported housing for people with learning disabilities. Head Office is the best part of 100 miles away with no other office elsewhere in the country (only the housing). The member of staff in question wasn't actually based in the region either, but occasionally travelled to the region. She actually co-interviewed me alongside a member of Employee Onboarding.

OP, I would advise replying to their email stating that the report was submitted and that you had met with manager xxx to discuss its contents, after which they had recommended to HR that you be employed and so you find it strange that they are now stating you failed to provide the information.

It's actually been a couple of months now. It's just always been at the back of my mind and thought about it again this morning when I heard of a similar case. I'm going to get in touch with them and clarify that it was due to health reasons, and not a lack of medical report, that I couldn't start employment and also ask whether I need to apply all over again, or whether they can re-instate the job offer (if my doctor gives the go-ahead) and take it from training.

Thanks.