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Offered job, potentially withdrawn because don't drive
Comments
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MasterDebator wrote: »she mentioned that she currently doesn't drive due to a previous disability
So really she is misleading them because the reason she doesn't currently drive is because she doesn't want to.
Her previous disability may have stopped her from learning to drive but that's not the reason she doesn't drive now.MasterDebator wrote: »The issue is she was learning to drive when she had her accident, and due to the following disability she didn't continue. She's been well for a couple of years but didn't pick it back up as she just didn't need it due to the solid public transport links here. She'd need to take lessons again, she doesn't have a car or a license currently, so it'd be months to learn then buy a car etc.0 -
Is this a friend or a continuation of the previous thread?
It's all a red herring because she doesn't drive because she doesn't have a driving licence and never has had, so if driving is a requirement for the role and she can't, then it is fair to not appoint her.....
.... however.....
... I disagree with my colleagues here on the theoretical level. In fact it absolutely could be a reasonable adjustment for a disabled candidate to make alternative transport arrangements for someone who is not permitted or able to drive because of disability. And there's quite a few cases to prove it!
It isn't a straightforward circumstance, so there isn't a "pure" answer. Like any reasonable adjustment, it depends on the specific circumstances. In this case, for example, if this person was in fact unable to drive due to disability, then this is a huge employer, and if there is no other reason why they can't do the job, I'm very confident that the employer could be expected to provide transport between the sites since the employer is the one expecting the person to move between sites in a potentially rapid response. The NHS would be expected to pay costs of transport anyway, as it's a business expense, and if someone requires a bit more (like a taxi) then that is tough luck - it's the cost of those claims to be a disability friendly employer and fair practice employer. Just as, if transport to work was required as a result of a disability, it would be assessed and accessed via Access to Work. Which the employer pays something towards (or all of it in some cases).
None of this applies to the OP because their previous disability is a red herring. But for the sake of anyone else reading this, it is actually very possibly disability discrimination to not pay for a disabled person to connect between sites as party of their role, and requiring a driving licence or a car may be disability discrimination.0 -
MasterDebator wrote: »(the job provider) having to 'rethink' and will contact my friend later. Can they withdraw because of this?
Be glad it's come up now rather then later.
I remember some one pulling a face when I went for a pre-induction for a call centre role when said where I lived (eg. distance) - I only wished I had asked why there and there, but like a fool I didn't and it wasn't until I started I found I was in a call centre, understandably, very hot on adherence and actually when it comes to end of day shift requirements of the job I think there will be tears when trying to get home when you are in a place that's the wrong side of town. Turns out every logic in pulling a face.0 -
I've been in several jobs that have required me to be a driver and have a car because I've been required to travel to various offices or meet people out in the community. It's perfectly ok to state this as a requirement if it is a requirement.
I don't believe the company is discriminating against your friend because of being unable to drive through disability. If I applied as an able bodied person but I couldn't drive I'd also be turned down.
I think the most annoying thing here is that it should have been made clear in the advert so as not to waste time.0 -
In this instance I'd call recruitment as this might not be a genuine requirement of the job. When writing the requirements they would have screened it for requiring a driving license and nhs job applications specify that the driving question should only be answered if it's a requirement on the person specification. If this isn't a genuine requirement they can't decide now that they "might need you to change site".
My job is for a site that I've set foot in twice, in theory I could be required to work across both sites, in practice if they ever want to replace me HR wouldn't be able to justify them wanting a driver for my job given that they've never once in the five years my job has existed sent myself or the band 3 at the other site between sites during the shift.0
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