Discrimination ?

pmduk

FBaby wrote: »

I personally think that's it's your inflated self-assurance (and therefore belief in anyone who tells you what you want to hear) that will be your downfall

And probably was in this failed job application.

FBaby

I still would have liked to see that email because I can't believe that anyone in HR would be stupid enough to write something like 'we are informing that we have taken the decision to withdraw our offer. This is purely based on your disability and the number of sickness resulting from it'.

so why withdraw the offer? if it was simply because of a poor sick record, they could have rejected me without a second interview. but they gave me a chance to explain. I did explain, in detail. my GP, psychiatrist and OH doctor can all confirm I am now being treated sucessfully. but unlike my examples above, they must be assuming, because I have a mental disability, that I will have continued health problems.

So really you don't know if it really was for this reason? So you are guessing on their assumptions?

so they must be discriminating based on my disability, because someone without a disability, who provided evidence that their problems are behind them, would likely still have been offered the job. they are assessing me as a risk. I assert I am not a risk.

So you are yourself saying that you are making assumptions on them discriminating. That's why I don't understand your level of confidence.

I do wonder whether you are not as well as you say you are and in the mist of a hyper phase, which would explain the aggressive tone of your responses. If so, I'm sorry if this thread is making you feel worse, but at the same time, I do think it would be valuable for you to consider taking some time to reflect on it all and consider that maybe, the reason for such level of misgiving is that it might not be as straight forward as you seem convinced.

Mupette

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.

mine does, they don't have any procedures for disabled we are all the same when it comes to sickness, the only difference is they can not treat any time off due to my disability to go towards the MAPP procedure, but they are trying

Undervalued

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.

That does not automatically follow.

Assuming they have been made formally aware of the OP's disability then they are obliged to make reasonable adjustments. A variation on how they treat sickness absence may be an appropriate reasonable adjustment in some circumstances. That is not to say it is mandatory or appropriate in all cases. Nor does it mean that an unlimited amount of sickness is suddenly acceptable.

Also, with a disability, it would be usual for the employer to agree with the employee what reasonable adjustments are being made. That is for the protection of both parties. If the employee doesn't feel enough is being done then ultimately his only recourse is to an employment tribunal which will rule on what is or is not reasonable in the particular case. As I said before, many employees imagine that more would be required than is actually the case. In fact the vast majority of large employers do far more in this regard than the law would actually demand.

nathanjpj

I thought I should update this thread as I have an outcome. Not sure if anyone will remember it.


Anyway, following my compliant, the employer decided to review their withdrawal of their offer to employ me. I complained they were discriminating against me because I had a poor sick record due to being diagnosed and treated for bipolar disorder.


The review took so long because they wanted to confirm details from my medical records.


Anyway, they have reversed their decision and decided to offer the job again.


If any disabled people who have had a similar experience reach this discussion, please, remember you have rights. If you suffer sick leave due to your disability, it is reasonable for them to make aan adjustment for you; a non-disabled employee would not have had the sick lleave you suffered, so it should not be counted when applying policy.


Complain. See a solicitor. Stick up for yourself.

Bogalot

nathanjpj wrote: »

I thought I should update this thread as I have an outcome. Not sure if anyone will remember it.


Anyway, following my compliant, the employer decided to review their withdrawal of their offer to employ me. I complained they were discriminating against me because I had a poor sick record due to being diagnosed and treated for bipolar disorder.


The review took so long because they wanted to confirm details from my medical records.


Anyway, they have reversed their decision and decided to offer the job again.


If any disabled people who have had a similar experience reach this discussion, please, remember you have rights. If you suffer sick leave due to your disability, it is reasonable for them to make aan adjustment for you; a non-disabled employee would not have had the sick lleave you suffered, so it should not be counted when applying policy.


Complain. See a solicitor. Stick up for yourself.

I'm glad you got the result you were looking for, but do you realistically think you have a long term future with an employer you effectively forced to employ you?

Watch your back, because you can be sure they'll be watching you

nathanjpj

I didn't force anyone to do anything. They chose to review the withdrawal of the job offer.

nathanjpj

If they will be watching me, as suggested, that would be discrimination. Not that it matters, as HR departments always watch people who take sick leave due to disability; they actively try to get rid of us, but we do have the right to reasonable adjustments to the counting of our sick leave.

Bogalot

nathanjpj wrote: »

I didn't force anyone to do anything. They chose to review the withdrawal of the job offer.

They reviewed it because you went legal on them and shouted discrimination. There's nothing at all wrong with asserting your rights but you need to be realistic. If they didn't want you then they sure won't want you after you've complained about them.

I hope I'm wrong but you need to be aware that they will be waiting for you to slip up. There's plenty of reasons outside of your disability that they can use to manage you out.

nathanjpj

So by your logic, if a disabled person is discriminated against during recruitment, they should shrug and move on?


That gives free reign to the employer to discriminate.


Disabled people would never get jobs.