Disclosure of health issue

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  • ohreally
    ohreally Posts: 7,525 Forumite
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    elsien wrote: »
    On what grounds? On the face of it, there aren't any protected characteristics involved?

    Nothing to do with protected characteristic. EA 60 (1) https://www.legislation.gov.uk/ukpga/2010/15/section/60
    Enquiries about disability and health

    60(1)

    A person (A) to whom an application for work is made must not ask about the health of the applicant (B)—


    (a)before offering work to B

    The employer should not have asked this Q. at the stage of the application form. There are ways to have asked, this isn't one of them.
    Don’t be a can’t, be a can.
  • robatwork
    robatwork Posts: 7,093 Forumite
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    Why are people so daft with their facebook status?

    We had one employee who went off sick during his first week. As if that wasn't bad enough, on the Saturday after he was "sick" on Friday, he posted a status of himself with a cocktail in Amsterdam. He even called on Monday to say he was still sick from the previous week.

    Needless to say he got summarily dismissed without ever coming in again
  • lulu650
    lulu650 Posts: 1,158 Forumite
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    inspirespirit wrote: »
    .......She has now received a letter from her work saying she is being given a disciplinary....
    Is she sure that the meeting isn't the investigation meeting and not the disciplinary?

    The school will have the relevant pages from Facebook, so she needs to look back at how she worded the current knee pain against the pain 5 years ago. It sounds as if this has been misconstrued by the school.
    Saving money right, left and centre
  • Masomnia
    Masomnia Posts: 19,506 Forumite
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    I think arthritis could well be covered by the EA. It will depend on the individual circumstances.

    I wouldn't advise bringing that into it; it never goes down well with employers when people get too legalistic.

    I would say to her to be as honest and open as possible. She had no knee condition that she was aware of when she completed the form. She has now been diagnosed with arthritis, which she has told them about. She is happy for them to request a medical report which will confirm that the diagnosis was recent.

    She was never under any obligation to disclose that she had a condition, and if they denied her the job before the offer stage based on that then that could be discrimination anyway.

    See what happens, but if they do dismiss she should get onto ACAS and seek legal advice as she could well have legal recourse regardless of her length of service.
    “I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse
  • inspirespirit
    inspirespirit Posts: 461 Forumite
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    Well it turns out that yesterday was an investigative interview. They told her that the reason she had to fill out a health questionnaire originally was so they could put procedures in place if she had any health issues. She explained that she didn't have any health issues when she filled in the form and she thought it had gone quite well, but this morning she has received a phone call to say it is going to the next stage and it is now a disciplinary interview. To say she is stressed is an understatement. She doesn't want to go to the disciplinary and she doesn't even want to go back there to work now after this. She is quite a quiet lady who isn't very forceful whereas I would probably have told them where to shove their job for treating me so badly. She phoned ACAS and the best thing they could tell her to do is write and say she is prepared to resign if they will drop the disciplinary. This cannot be right surely in this day and age to be treated like this.
  • ohreally
    ohreally Posts: 7,525 Forumite
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    edited 23 May 2018 at 2:30PM
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    I'd be inclined to await the invitation yo disciplinary hearing and study their case. I'm fairly confident of coming out the other end intact.

    Was she informed prior to yesterday's hearing of its purpose?

    Btw, if the employer is so inclined they can progress with a disciplinary following a resignation.
    Don’t be a can’t, be a can.
  • Takeaway_Addict
    Takeaway_Addict Posts: 6,538 Forumite
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    inspirespirit wrote: »
    Well it turns out that yesterday was an investigative interview. They told her that the reason she had to fill out a health questionnaire originally was so they could put procedures in place if she had any health issues. She explained that she didn't have any health issues when she filled in the form and she thought it had gone quite well, but this morning she has received a phone call to say it is going to the next stage and it is now a disciplinary interview. To say she is stressed is an understatement. She doesn't want to go to the disciplinary and she doesn't even want to go back there to work now after this. She is quite a quiet lady who isn't very forceful whereas I would probably have told them where to shove their job for treating me so badly. She phoned ACAS and the best thing they could tell her to do is write and say she is prepared to resign if they will drop the disciplinary. This cannot be right surely in this day and age to be treated like this.
    You mean investigating an allegation someone made....terrible of them.....
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • inspirespirit
    inspirespirit Posts: 461 Forumite
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    She is in a right state. She feels like all her training and doing her Degree has now been a waste of time. This disciplinary could go on her DBS and she thinks they are going to sack her. I think so too. I think they have found a way to get rid of her now they know her knee has arthritis and they are concerned she will need time off in the future because of it. Does anyone know what kind of help she would get if she resigned? She has 4 children living at home ranging from 7 yrs, 11, 13 and 18 and one left home. Her work have told her to go to the doctors and extend her sick note till the date of the disciplinary hearing in June which doesn't sound good.
  • lincroft1710
    lincroft1710 Posts: 17,646 Forumite
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    inspirespirit wrote: »
    I think they have found a way to get rid of her now they know her knee has arthritis and they are concerned she will need time off in the future because of it. Does anyone know what kind of help she would get if she resigned? She has 4 children living at home ranging from 7 yrs, 11, 13 and 18 and one left home.

    As was stated in an earlier post, with less than 2 yrs service she can be dismissed at any time, her employers don't need a reason. Ask on the Benefits Board about any benefits your friend may be entitled to
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • nicechap
    nicechap Posts: 2,852 Forumite
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    inspirespirit wrote: »
    She is in a right state. She feels like all her training and doing her Degree has now been a waste of time. This disciplinary could go on her DBS and she thinks they are going to sack her. I think so too. I think they have found a way to get rid of her now they know her knee has arthritis and they are concerned she will need time off in the future because of it. Does anyone know what kind of help she would get if she resigned? She has 4 children living at home ranging from 7 yrs, 11, 13 and 18 and one left home. Her work have told her to go to the doctors and extend her sick note till the date of the disciplinary hearing in June which doesn't sound good.





    No, not a waste of time at all.


    DBS does not contain investigations or disciplinaries carried out by an organisation.
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
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