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Disability Discrimination

helen73helen73 Posts: 8Member Listener
edited March 21 in Ask an employment advisor
I need advice I went for an interview for a job last week it went amazing I was offered the position on the spot she asked if I go in to do a little training the following week (this Thursday at 10am) I have all the text messages confirming all of this including confirmation that my start date would be the following week (Monday 25th.march) she also text me pay rates etc too and asked me to email my documents across to her which I did along with my medical conditions document- this states my disability ( which is Mobility related I need a either my stick or my Walker- which I'm lucky to not have to use all the time, that day being one of them I was having a good day my stick was in my bag) I did briefly mention my disability in the interview along with the fact that I have an application with access to work who have previously provided funding for equipment and adjustments - (they have even said to me that they'd either pay the removal costs for my equipment to be moved to another employer or if my employer was difficult and refused they'd look at another assessment for further funding as my current employer are humming and arring regarding reducing my hours as advised by the access to work assessor, my doctor and chiropractor) anyway after I'd sent the medical documents form which lists my disability and my longterm conditions such as fibromyalgia, multi level degenerative disc disease, nerve pain, ibs,  cervical spondylosis, spinal stenosis plus some others. I also stated that I do need support and understanding at times due to my conditions as a bad flare up can cause me to be unable to move and be in unbelievable pain. That I take a lot of medications daily in an attempt to prevent this and to control my pain levels to bearable (which works some days other days I attempt to take as much as I can before I start taking extra medications) Then all of a sudden she stated that we needed to talk said she was going to phone me and could she phone one of my previous employers that was also NHS related which said was fine to go ahead. She never actually called me just sent me an email stating that they needed a 2nd interview and was also interviewing another candidate for the 2nd time too. 
I'm extremely hurt and confused as what happened to the job offer?, I feel that I'm now being judged for my disabilities and conditions also, being put up against someone who's not disabled- I just don't see how I stand a chance now especially against someone not disabled, doesn't suffer with pain etc like me.

My question is: Is this disability discrimination? and is their anything that I can do about it? (especially with me having the text messages from confirming my start date etc.) 

This isn't the first time recently I was contacted regarding a job I'd applied for was told I was the perfect candidate etc could I send references etc I again included my disability conditions document ( they asked if they could share that information with the employer, which I agreed to - only to then be told no as I'd require too much support. 

I've been passed over so many times recently for jobs that I'm supposedly "perfect for - "the perfect candidate" only for them to change their mind when they get my medical conditions document. It really hurts its soul destroying why can't I be judged on my skills and experience ONLY 😭😭😭😭💔💔💔  its getting to the point where I'm considering just giving up Employment wise completely  - my current employer is extremely resistant to the advised reduction in my hours which would mean I'd have to leave - I'm currently on a phased return after waiting months and months for my equipment to be delivered as during that time I attempted full time which sent my body into a huge flare up, my Mobility decreased immensely my pain levels went insane fulltime is just too much I need 25 hours max although the access to work assessor put 25-30  max initially and to see how I go with it- currently I'm on 4 hours a day until 28th March then they want me to do 3 weeks fulltime refresher training and said after that they'll decide if they are willing to reduce my hours to 30. Everything is such a mess 😔

Replies

  • Antonia_ScopeAntonia_Scope Posts: 1,783Member Pioneering
    edited March 21
    Hi @helen73 I am sorry to hear about this. You may want to get in touch with ACAS-offers advice and information on a wide range of workplace issues to try and help employees and employers to solve their problems at work.  The Acas Helpline number is 0300 123 1100 and their Helpline Online may be useful too. You may be interested in our page on Reasonable adjustments at work 

    Please keep us updated. All the best. :)
  • Zaid_ScopeZaid_Scope Posts: 66Member Courageous
    Hi @helen73 what a horrible experience! On the surface it does sound as if they have been discriminatory although legally it can be very difficult to prove. My colleague @Antonia_Scope is correct, this is one for ACAS or the Disability Law Service: https://dls.org.uk/ I would recommend getting in touch with one or both of these organisations and explaining your experience to them. They should be able to help make sense of what has happened and what your rights may be. Hoping you get a good resolution, please do keep us posted on this.

    Zaid
    Scope Employment Advisor
    Phone: 0300 222 5742
    Email: [email protected]
    www.scope.org.uk/supporttowork

  • MarkmywordsMarkmywords Posts: 398Member Pioneering
    This probably was discrimination. I'm sorry but there's nothing to be gained by pursuing this legally. The stats for pre-employment discrimination wins at tribunal are tragic.
    Sadly this is life for disabled people though.
    My advice is to tear up that disability document, it can only hurt you and no-one has a right to see your medical history. Bring it up at interview but say that "as you can see I'm quite capable of performing this role as well as anybody." Keep your records to yourself.
    Also, it sounds as though you have used an agency, well they will most certainly never be on your side.

    They are rare but decent employers do exist. Just don't volunteer more information than you need to. Perhaps you could look for part-time vacancies and see how that goes.

  • helen73helen73 Posts: 8Member Listener
    @Markmywords sorry for the delay in responding but thank you for your advice. I'm now looking for a part time job instead but stating that I can work more hours occasionally to cover sickness and holidays that way if it's only occasionally that I need to work more hours hopefully I'll cope better. As for the medical document I made I'm going to leave it on the laptop for my personal use. However how much do I declare? As I do need adjustments to enable me to work but do have current application with access to work who have been really good so far. But what happens to the equipment they've already provided at my current place of work? Can they refuse to let me take it with me by law? And if they do refuse will access to work actually reprovide it me again?
  • MarkmywordsMarkmywords Posts: 398Member Pioneering
    Declare only what affects you at work. That means any limitations, such as lifting, and any risk of absence.
    ATW provided assistive items will probably not suit anyone else. It's best to check with them though.
    Good luck :)
  • helen73helen73 Posts: 8Member Listener
    @Markmywords okay   :) thank you for your help and advice.  :) 😁😊
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