Discrimination ?

nathanjpj

Talk Employment issues

Employers who won't hire women - read the guest post on our survey
Discrimination ?3
Today 11:46 nathanjpj

I was interviewed and offered a job recently. They asked for my sickness record ... it has been high for the last year because of my Bipolar Disorder diagnosis (difficult), subsequent NHS treatment for Bipolar (slow), and some bullying by my current employer (proved in a grievance ... very challenging stressful period during diagnosis). Before that I had a good sick record, despite undiagosed Bipolar for many years.

Based on this information I have now been refused the job. I am gutted beyond belief. I have struggled against bullying (grievance proves this) and struggled to get timely treatment from the NHS. Despite my challenges, I am winning, and I am coming through the other side. If my treatment with the NHS continues sucessfully, my sick leave will be "normal". I.e. I am doing very well, and a new job would have been very positive.

Now I'm in tears. Unconsolable. I will be trapped back in the job I have been bullied in. The environment makes me anxious... all the memories.

At no point has the new employer's OH assessed me for suitability. Surely they should be involved? Their HR have simply refused the job because I "might" take more time off sick. I do not agree.

I have a disability under the terms of the Equality Act. Surely I have been discriminated against? They are taking sickness caused by diagnosis and treatment of my disability into account, and not considering the stress caused by bullying.

Can anyone advise?

Please.

N.

pmlindyloo

Since you were offered a job and then the offer was taken back then this may be a case of discrimination due to your disability.

You really need specialist advice and be informed about the procedure and whether you have a good 'case'.

You could start by reading this:

https://www.citizensadvice.org.uk/work/discrimination-at-work/discrimination-at-work-where-to-start/discrimination-at-work-overview/

One of the most important things to consider is what you want to achieve. Do you want them to give you this job back under the circumstances? Do you want the employer to be more aware that they may be acting in an unlawful manner?

CAB (or ACAS) may be the best place to start. Have you any paperwork/letters from the employer offering you the job? Have you any paperwork/letter rescinding the offer giving a reason?

If you have, take them with you to CAB or have them with you when you telephone ACAS.

xapprenticex

Just keep in mind, if you FORCE them to give you a job, it may end up being as hostile as your current place.

t0rt0ise

What comes to my mind is that your present employer should not be counting days off for a disability as ordinary sickness leave. You do need advice.

sangie595

t0rt0ise wrote: »

What comes to my mind is that your present employer should not be counting days off for a disability as ordinary sickness leave. You do need advice.

Why shouldn't they? There is no law that says they should count them as anything else.

I don't agree that this is discrimination. Everyone who has a day off sick has a good reason. Maybe they have been bullied. Maybe they have a mental health issue. Maybe they have a cold. Maybe they have broken a leg. They are all good reasons to have a sickness record. The potential employer has asked for the amount of time off sick - not for the reasons. And they shouldn't ask for the reasons (nor should those reasons be disclosed by the employer). Their judgement is therefore solely based on the number of days off sick. There is no discrimination in that. They would have refused the job to someone without a disability who had a large amount of sickness too.

Sanne

I can't advise on the current situation but maybe a thought for the future - if I knew there was something unusual in my sickness record I was always open with the new employer when I was offered the job so I could offer some explanation before they saw the sick record.

I've had a flu followed by a bronchitis not long before changing jobs which knocked me out for 15 working days so I told HR when I accepted the job that this was the reason and the 15 days were one episode of illness. This way they knew what's what and didn't question it.

Have changed jobs again since and this episode was within the period they asked about in references so I did the same again.

Unless there is a blanket policy (don't offer employment to someone with more than x days sickness) it might help to explain what's what when offered the job, I.e. that you have been diagnosed, that this took quite a while but that you are now getting treatment and don't expect this to cause any problems in regards to the sick record going forward.

FBaby

t0rt0ise wrote: »

What comes to my mind is that your present employer should not be counting days off for a disability as ordinary sickness leave. You do need advice.

An old colleague battled her being disciplined for high sickness level on the basis that some of these sickness records were pregnancy related ( depression following miscarriage) and that therefore there was some sort of legal protection that meant these should be taken off her record. I can't remember how it ended up, but she said she had received legal advice suggesting the above.

TBagpuss

Recording it as sickness is fine, becuase that is what it is.
Disciplining someone based on that record is that part which may be discriminatory.

theoretica

It is also important to tell employers that you have a disability. The OP doesn't mention if this was done or not. If you want to be considered for reasonable adjustments under their disability policy they need to be told, do not assume that they will realise by themselves.

Andypandyboy

sangie595 wrote: »

Why shouldn't they? There is no law that says they should count them as anything else.

I don't agree that this is discrimination. Everyone who has a day off sick has a good reason. Maybe they have been bullied. Maybe they have a mental health issue. Maybe they have a cold. Maybe they have broken a leg. They are all good reasons to have a sickness record. The potential employer has asked for the amount of time off sick - not for the reasons. And they shouldn't ask for the reasons (nor should those reasons be disclosed by the employer). Their judgement is therefore solely based on the number of days off sick. There is no discrimination in that. They would have refused the job to someone without a disability who had a large amount of sickness too.

There is the option to have sick leave and disability leave separated. Not all employers offer it but it is deemed good practice and part of showing "reasonable adjustments" have been made.

https://www.tuc.org.uk/sites/default/files/tucfiles/sickness.

OP it may be too late for this job now, but take advice whether you can separate your sickness days into two categories for future reference. If you are in a union they will be able to advise.

daytona0

What about the other candidates who got rejected? Why do you want to be treated more favorably than them?

There is probably a simple reason you got rejected and nothing to do with your condition. I wouldn't, however, be surprised if your bipolar is affecting the way you see things like this.

Sad day when an employer is forced to employ someone who *may* (based on reasonable evidence) spend more time off sick than at work.