Discrimination ?

polgara

Have they said it is due solely to your sickness record and do you have this proof?

nathanjpj

polgara wrote: »

Have they said it is due solely to your sickness record and do you have this proof?

Yes, I have proof. Also have proof of me telling them my disability diagnosis and treatment were the reasons for sickness.

nathanjpj

FBaby wrote: »

In your case, the risk is high, not only because of your sickness record, but also the grievance –assuming they are aware of, which they are likely to if they’ve asked for references already-. You seem to assume that having put a grievance against your manager is evidence of bullying, explaining some level of sickness. This would only be the case if the grievance had reached that conclusion, but it seems that it still only going through the motions.

The grievance outcome returned some significant sickness abscence. My employer has admitted poor management/bullying aggravated my disability unnecessarily.

The new employer chose to interpret this returned sickness leave as still being sickness leave. I have written evidence.

Undervalued

nathanjpj wrote: »

Yes, I have proof. Also have proof of me telling them my disability diagnosis and treatment were the reasons for sickness.

I'm sorry but whilst I sympathise with your position you seem to misunderstand your "rights" and are not listening to some good advice.

A disability (for employment law purposes) only requires an employer to make "reasonable adjustments". Ultimately what is or is not reasonable can only be decided by an employment tribunal. However generally the law requires far less than many people fondly believe. The fact that very often employers go further than they are obliged to, does not mean that they have to do so in each and every case.

Your sick leave is a matter of record. The cause of that sickness (as you see it) is something you can try to explain if you feel it will help. A potential employer may take that into account but generally they do not have to.

You claim to have evidence to support this but in reality that is normally very difficult. A doctor can give an expert opinion that you are ill. However it is far harder for him or her to say why you are ill, particularly with these type of problems. The doctor can see your current condition but can only go by what you tell him about what has happened in the past. For all he knows there could have been all kinds of personal issues, completely unrelated to work, that you have not revealed. Be in no doubt that, if this ends up at a tribunal, a skilled barrister will work hard at suggesting that was the case.

polgara

nathanjpj wrote: »

Yes, I have proof. Also have proof of me telling them my disability diagnosis and treatment were the reasons for sickness.

So - they have categorically told you the reason for withdrawing their conditional offer was due to your absence?

Tiddlywinks

nathanjpj wrote: »

Update - there are several cases in historical (recent) news that are identical. The tribunal's upheld the claimants' cases and awarded payments.

This is discrimination. I am disabled. I have an obligation to do the right thing.

Oh, good grief.

An obligation? This is in danger of becoming an obsession more like.

What do you hope to achieve? How will this action benefit you?

The employer will not be forced to give you the job and any award will be minimal.

nathanjpj

I now have a decent local solicitor in the case. 100% convinced I've been wronged.

Precedents have been made and this is a clear case of discrimination. Some of you really need to reassess your attitudes towards the disabled. Advising me to ignore this and move on is poor advice. I've been treated for my Bipolar ... I'm smart, capable, and fully able to take this on. I will do the morally right thing and teach this employer a lesson.

It's difficult enough coping with disability, without government organisations discriminating against us and the law being flouted.

Thanks to all who suspected this was a case of discrimination ... its more than that; its a clear-cut case of discrimination.

You may have capitalist or conservative ideologies, and still feel this liberal approach to disablities is worng ... well, tough-luck; the law comes before your political standpoint.

nathanjpj

Tiddlywinks wrote: »

Oh, good grief.

An obligation? This is in danger of becoming an obsession more like.

What do you hope to achieve? How will this action benefit you?

The employer will not be forced to give you the job and any award will be minimal.

If you lived in the US, you'd be supporting Trump for sure.

nathanjpj

Undervalued wrote: »

A disability (for employment law purposes) only requires an employer to make "reasonable adjustments". Ultimately what is or is not reasonable can only be decided by an employment tribunal. However generally the law requires far less than many people fondly believe. The fact that very often employers go further than they are obliged to, does not mean that they have to do so in each and every case.

Precedents have been set. Search Google. This will be a straight forward case.

Undervalued

nathanjpj wrote: »

I now have a decent local solicitor in the case. 100% convinced I've been wronged.

Precedents have been made and this is a clear case of discrimination. Some of you really need to reassess your attitudes towards the disabled. Advising me to ignore this and move on is poor advice. I've been treated for my Bipolar ... I'm smart, capable, and fully able to take this on. I will do the morally right thing and teach this employer a lesson.

It's difficult enough coping with disability, without government organisations discriminating against us and the law being flouted.

Thanks to all who suspected this was a case of discrimination ... its more than that; its a clear-cut case of discrimination.

You may have capitalist or conservative ideologies, and still feel this liberal approach to disablities is worng ... well, tough-luck; the law comes before your political standpoint.

So, anybody who doesn't agree with you is wrong?

Why waste our time asking for advice?

I'm out!