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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48795
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Good Afternoon, I wondered if you can help, I am going

Resolved Question:

Good Afternoon,
I wondered if you can help, I am going through the grievance process at work for disability discrimination. I am at the appeal stage and awaiting the outcome of this. My question is I was under investigations for my symptoms before I joined the company, I did not declare any of this on the pre employment health questionnaire as for the month or so before I had been in a remission period of no symptoms so I thought I would wait and see.
My symptoms returned within the first month of joining the company and I therefore informed my manager and director verbally that I will be seeking investigations by a neurologist and I told them how the pain and my symptoms were affecting me, I further more then verbally informed then that I had been diagnosed with a disability. I was treated unfairly throughout my employment, bullied and given unreasonable demands with workload etc. I am now obviously formally complaining and they seem to be playing on the fact I didn't declare a problem in my pre employment questionnaire and focusing upon that . I thought the issue is from the date of knowledge and how I was treated beyond this. The fact I didn't mention before I joined is irrelevant I thought as the point is I did make them aware within a month of being employed.
Can you explain if I am right with this or does me not declaring beforehand dismiss my case in any way. My protected characteristic is disability.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 1 year ago.
Please can you clarify how long you have worked there for?
Customer: replied 1 year ago.
6 months
Expert:  Ben Jones replied 1 year ago.
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. First of all it is unlawful for employers to ask pre-employment health questions unless it is to do with making arrangements for interview/assessment or if it is an intrinsic factor linked to the job. If they simply asked you questions for other reasons then that would be unlawful. As to the argument that you did not declare this at the pre-employment stage it is completely irrelevant. You are completely correct that the duty automatically applies from the date of knowledge of the disability, regardless of what happened prior to that. As such their argument is flawed and will have no impact on your grievance. Of course it does not mean that they cannot make a decision based on that but if challenged at tribunal it is most likely to be overturned. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Thank you for your helpful response, just to clarify the pre employment health questionnaire was given to me after I had been offered and accepted the role. The health questions were asking about disabilities and health conditions . Is this unlawful and again just to clarify it is irrelevant whether I declared certain things on here as I informed the managers very soon after starting the job verbally and consequently the discrimination and unfair treatment began.
Expert:  Ben Jones replied 1 year ago.
Hi there,if the questionnaire was given to you after an offer was made then it would be acceptable, it is only if it is given before you are offered a job that it is unlawful. Sorry, I should have clarified that. However, that would not change the rest of my initial response. Had you not declared your disability at the time and were for example complaining about treatment between the start of your job and the time you informed them of the disability then they will have a case because during that time they would have been unaware of it. However, once they were informed of it, they would have had knowledge of it and any discrimination going forward will not depend on whether you disclosed the disability at the start or not. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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