Hello my name is ***** ***** I am happy to help you today. On the face of what you say the obvious presumption is that it is your disability that is the reason you were not sucessful in obtaining the job and this amounts to direct discrimination contrary to the Equality Act 2010.
If your employer has an appeal procedure against the grievance you should appeal.
If this does not produce results you can issue a claim whilst still employed.
You can first enter the ACAS early claim conciliation process. You will find details of this at http://www.acas.org.uk/earlyconciliation
If this is not successful you can raise a claim.
If you have any further questions about this please do ask.
hi jenny, my first concern is that this was all verbal communication and as stated in my letter that i have mistaken context, its a simple case of my word against his, as i have no witness or written conformation of these reasons
This is often the case in employment law cases. Where a presumption of discrimination is raised the burden is on the employer to prove that the decision was not for a discriminatory reason.
i see, also i am concerned with the attention to reasonable adjustment and the 'duty of care' that they are purporting, because this is extremely complex situation in which people already in the role i apply for also had spouts of depression but yet this 'duty of care' seems absent from them but is crystal clear with me. also the reliance on the extended time off as further evidence for duty of care and his thought process behind the reason. also i am to now have review meetings to discuss my well being, a performance development plan, referral to colleague health/occupational health. i feel this is to try to cover themselves at best and at worse try to annex me.
It is my view that they cannot rely on that in the absence of seeking medical advise that this position would cause you harm, sounds like an excuse to me!
I would therefore suggest you do appeal and go down the process. Otherwise you are letting them get away with it!
You cannot be dismissed for pursuing this either as this would be victimisation.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
do i need to accept the corrective action?
What corrective action is that?
regular review meetings to discuss my well-being
and occupational health
but they have not given you the job?
they have said in following this grievance
It is a good idea to agree to their supportive measures. It does not resolve the grievance though. I would suggest you proceed as I have suggested.
hello again, I have an update regarding this issue, i have received my letter from stage 3 of this process in which I have been told
'I cannot see any evidence of discrimination against you or your disability, there is much evidence to support that the manager has acted on your behalf on a number of occasions but we accept he has not followed procedure throughout.'
my concern is that how could anyone act on someone's behalf by being discriminatory? also can I ask to see this evidence?
thanks in advance