Discrimination ?

[nathanjpj]

I was interviewed and offered a job recently. They asked for my sickness record ... it has been high for the last year because of my Bipolar Disorder diagnosis (difficult), subsequent NHS treatment for Bipolar (slow), and some bullying by my current employer (proved in a grievance ... very challenging stressful period during diagnosis). Before that I had a good sick record, despite undiagosed Bipolar for many years.

Based on this information I have now been refused the job. I am gutted beyond belief. I have struggled against bullying (grievance proves this) and struggled to get timely treatment from the NHS. Despite my challenges, I am winning, and I am coming through the other side. If my treatment with the NHS continues sucessfully, my sick leave will be "normal". I.e. I am doing very well, and a new job would have been very positive.

Now I'm in tears. Unconsolable. I will be trapped back in the job I have been bullied in. The environment makes me anxious... all the memories.

At no point has the new employer's OH assessed me for suitability. Surely they should be involved? Their HR have simply refused the job because I "might" take more time off sick. I do not agree.

I have a disability under the terms of the Equality Act. Surely I have been discriminated against? They are taking sickness caused by diagnosis and treatment of my disability into account, and not considering the stress caused by bullying.

Can anyone advise?

Please.

N.

[flowery]

Presumably you have notified them that you consider yourself to have a disability and that your absence record has been disproportionately affected by this?

[nathanjpj]

yes, of course...

[Speedballersteve]

Yeah, I've also been nervous starting a new job. I dressed really smartly for the interview as well, however it didn't seem to boost my confidence. I wonder how I can overcome this anxiety of starting a new chapter in my life.

[nathanjpj]

Well, I wasn't really nervous, I was excited. Positive.

Now I won't be starting a new job, and it stinks of discrimination to me.

[flowery]

"yes, of course..."

It's not really "of course". You might not have specifically said you consider your condition a disability, and because your bipolar disorder isn't automatically a disability they may not have realised it.

What do you want to do? Do you want them to retract their withdrawal of the job offer? In which case I would suggest writing to them saying that you have been notified that your offer has been withdrawn because of your disability and a resulting concern on their part that you might go off sick, and you consider this to be unlawful discrimination, particularly in circumstances where they have not even sought occupational health advice on the impact of your condition on your work and whether any reasonable adjustments are necessary/appropriate/possible.

[nathanjpj]

I dont think I'd be comfortable "forcing" them to employ me

[flowery]

Ok well you wanted some advice. I agree it sounds as though you may have been discriminated against, so you can either pursue that with them, and I've given you advice on how to do that initially, or walk away. Not sure what other advice you want?

[nathanjpj]

thanks. I've decided to write to them with my concerns, asking them to consider my concerns a complaint, as I feel I may have been discriminated against. I will ask how/wh k they will apply. think maybe a solicitor visit, too, as I've spoken to ACAS, and nothing they said weakened the idea of discrimination. oh dear, don't think I'm going to enjoy this.

[OllyBJolly]

Wny don't you take Flowery's advice? She states the situation very clearly in a way that is not arguable.

What do you want? If you just want to complain with no outcome then go ahead but seems a waste of time. If you want the withdrawal retracted, then state the situation. Best case scenario they re- issue the offer - and really - the circumstances around the offer, withdrawal, retraction will fade into history once you start the job. If they don't offer you the job, seek legal advice.

[MilkTwoSugarsThanks]

Careful OP. What might happen is that you make them think you'll want compensation, they'll say "oh go on, have the bloody job" alongside the person they've already offered the job to (as they'll struggle to rescind their offer) - and oh dear, you haven't passed the probationary period. 3 months later - no job, no comeback.

I've seen it happen, couldn't prove a thing.