Discrimination ?

nathanjpj

Thanks for all the comment.

I did pre-inform the employer of my disability, then they offered the job. They said they were very impressed. I got the offer same day as the interview. I am damn good at my job (data analysis) and enjoy my work.

I then proactively highlighted that my increased sickness (just the last year) was due to diagnosis and treatment of my disability. One-off events. Plus I had suffered bullying.

They called me in to discuss my sickness and the meeting was positive. It went well. I addressed the concerns they voiced (big, busy office, conflicting deadlines - much like my current job).

Then the email arrived withdrawing the job offer. An email! They are assuming, due to my disability, I will continue to have high abscence levels. Not so... I have now been diagnosed and treated. My anxiety and other issues are gone. No reason to expect high sickness from me. That's why I'm being treated!

I swear an Occupational Health medic would have ok'd me for the job, but they were not involved.

Surely ... they withdrew the job offer based on unfounded assumptions regarding my future attendance rates, based solely on my disability?

It certainly seems that way.

sangie595

FBaby wrote: »

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.

Yes - but pregnancy related sickness is excluded in law. Disability related sickness isn't.

nathanjpj

they brought me in to discuss/explain my sick record.

question is, if I had been diagnosed and treated for cancer, or suffered and recovered from a significant physical injury, would they have refused the job. they are only assuming future problems because I have a mental health disability. plus they didn't even consult a physician.

sangie595

Andypandyboy wrote: »

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.

There isn't an option - there is a choice, and it is the employers choice. Some employers may choose to do this - the vast majority, including many very large employers, do not. And even if it is separated, that does not mean that it is not counted as absence for the purposes of a reference. And, in fact, many people with disabilities are opposed to employers giving disability leave because it puts them in a better position than their colleagues and leads to ill feeling against them.

nathanjpj

I'm in the process of asking my present (NHS) employer to record sickness arrising from my disability to be recorded separately. Just the one-off diagnosis and treatment phases.

sangie595

nathanjpj wrote: »

Thanks for all the comment.

I did pre-inform the employer of my disability, then they offered the job. They said they were very impressed. I got the offer same day as the interview. I am damn good at my job (data analysis) and enjoy my work.

I then proactively highlighted that my increased sickness (just the last year) was due to diagnosis and treatment of my disability. One-off events. Plus I had suffered bullying.

They called me in to discuss my sickness and the meeting was positive. It went well. I addressed the concerns they voiced (big, busy office, conflicting deadlines - much like my current job).

Then the email arrived withdrawing the job offer. An email! They are assuming, due to my disability, I will continue to have high abscence levels. Not so... I have now been diagnosed and treated. My anxiety and other issues are gone. No reason to expect high sickness from me. That's why I'm being treated!

I swear an Occupational Health medic would have ok'd me for the job, but they were not involved.

Surely ... they withdrew the job offer based on unfounded assumptions regarding my future attendance rates, based solely on my disability?

It certainly seems that way.

These statements are contradictory. They offered you the job having already been told about your disability. How could they then discriminate against you for having a disability? And the sickness record was not solely related to a disability. Being bullied is not a disability.

But regardless - whether or not this is discrimination, what is it you want to happen. Are you taking them to an employment tribunal? Do you want to attempt to force them to give you a job they don't want to give you? What is the point of your question? Because they aren't going to give you a job, so it seems that your only option left is an employment tribunal claim. Is that what you want to do?

Takeaway_Addict

FBaby wrote: »

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.

Pregnancy related illness is protected under law. Illness due to disability isn't to the same extent (though reasonable adjustments should be considered)

Takeaway_Addict

sangie595 wrote: »

There isn't an option - there is a choice, and it is the employers choice. Some employers may choose to do this - the vast majority, including many very large employers, do not. And even if it is separated, that does not mean that it is not counted as absence for the purposes of a reference. And, in fact, many people with disabilities are opposed to employers giving disability leave because it puts them in a better position than their colleagues and leads to ill feeling against them.

This- At the end of the day a company employs someone for work so to ignore disability related illness totally is not fair on the employer. However, reasonable adjustments should be looked at and thresholds for capability meetings etc could be increased for example.

Andypandyboy

sangie595 wrote: »

There isn't an option - there is a choice, and it is the employers choice. Some employers may choose to do this - the vast majority, including many very large employers, do not. And even if it is separated, that does not mean that it is not counted as absence for the purposes of a reference. And, in fact, many people with disabilities are opposed to employers giving disability leave because it puts them in a better position than their colleagues and leads to ill feeling against them.

See - Sickness Absence and Disability Discrimination TUC pdf Feb 2013 ( for some reason the link isn't working.

There is an option for the OP to ask if his employer would consider delininating his absences into two categories under the banner of reasonable adjustments.

If it is separated it may mean exactly that, as absence so designated cannot be used to deny promotion, etc, as per the Equality Act, so to include it in a reference which may result in a person not getting a job would probably be looked at the same way if it went to tribunal. There are similar cases in the examples given.

Andypandyboy

Takeaway_Addict wrote: »

Pregnancy related illness is protected under law. Illness due to disability isn't to the same extent (though reasonable adjustments should be considered)

I agree you are correct, but pregnancy is a choice, disability is not. Seems strange that the choice should be protected in law but not the one over which there is no control.