Discrimination ?

FBaby

the NHS is rather large, though.

Yes, but many of the services that runs it are small. Maybe that's the reason why you ended up waiting for your treatment to be started, it could take just one secretary to be off sick, the other having to pick up 50% of workload, and letters are not typed in time, and patients at the end of it paying for it.

they seem like a well-informed, experienced, reputable company. i explained my situation to the solicitor an her reply was "that's discrimination".

That would personally raise alarm bells to me because until they look into the detail, and that involves getting evidence of what you were told that resulted to them deciding to take the offer back (as I believe everything was verbal rather than written), how can they indeed be sure that you faced discrimination? It's not as easy as disability + post revoked = discrimination. I would be wary as indeed, they are saying exactly what you want to hear.

nathanjpj

FBaby wrote: »

Yes, but many of the services that runs it are small. Maybe that's the reason why you ended up waiting for your treatment to be started, it could take just one secretary to be off sick, the other having to pick up 50% of workload, and letters are not typed in time, and patients at the end of it paying for it.

Nope, reason given was I'd moved out of the Trust's catchment area, so they dropped me mid-treatment. They are a big Trust.

FBaby wrote: »

That would personally raise alarm bells to me because until they look into the detail, and that involves getting evidence of what you were told that resulted to them deciding to take the offer back (as I believe everything was verbal rather than written), how can they indeed be sure that you faced discrimination? It's not as easy as disability + post revoked = discrimination. I would be wary as indeed, they are saying exactly what you want to hear.

Honestly, everyone I've talked to about this, it seems to come down to their ethics and politics. They advise me, In the most part, based on their own values. Liberals support my view, conservatives the employer's.

However, every official body or organisation I've spoken to has said, "sounds like you've been discriminated against". Either that, or they explain the law to me, and equally, it frames the situation as discrimination.

t0rt0ise

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.

Luckily, several tribunal hearings haven't agreed with you. It's all to do with good practice and reasonable adjustment. Having said that, a small company might get away with it, a large one less likely.

Sncjw

Your current employer to see what the sickness policy is in regarding recording of sickness due to mental health issue

nathanjpj

I asked them last July if they could record disability sickness separately but got no reply. I asked them again last week, but they have already indicated they would report any disability leave to potential employers (via refs).

sangie595

t0rt0ise wrote: »

Luckily, several tribunal hearings haven't agreed with you. It's all to do with good practice and reasonable adjustment. Having said that, a small company might get away with it, a large one less likely.

And quite a few have agreed with me too. Especially when they find that the period being referred to is a third of a year! Not even a large employer is required to consider four months as a reasonable adjustment. That is why they put the word reasonable in the term.

And it's still the case that there is no law that requires any employer to count disability leave separately, which is what I said and is factually true.

nathanjpj

sangie595 wrote: »

And it's still the case that there is no law that requires any employer to count disability leave separately, which is what I said and is factually true.

There is a law for the NHS.

And factors such as initial diagnosis and treatment factor in, too. Reasonable is the key word. It is reasonable to assume diagnosis and treatment are a one-off or very rare event. Best practice is to make adjustments to a sick record with respect to the disabled employee's individual problems.

sangie595

There is also no law for the NHS.

FBaby

Honestly, everyone I've talked to about this, it seems to come down to their ethics and politics. They advise me, In the most part, based on their own values. Liberals support my view, conservatives the employer's.

Politics and ethics are not going to win you a case. There is a difference between moral discrimination and legal discrimination. You are not going to win a case on the first.

I assume if you are prepared to take that case to court, it is with the view of seeking financial compensation (can't imagine you want them to give you the job). You therefore need advice on the legal aspect of it, which is much less black and white, and will only be won on technicality, not just because you've been wronged.

Luckily, several tribunal hearings haven't agreed with you

But the one I quoted has, and the case was extremely similar to OP's situation, from what we know. That person who won had been off as a result of their disability for much longer than 3 months. Taking that case as an example, it all comes down to whether there is evidence (not even OP having to provide it) that the job was revoked on the basis of her sickness and that the new employer knew that the sickness was related to a disability.

Sncjw

If you worked for the NHS in current employment you should have an idea of how stretched they are and how pressured departments are