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james bruce
james bruce, Solicitor-Advocate
Category: Employment Law
Satisfied Customers: 7145
Experience:  Owner at James Bruce Solicitors
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I am currently going through an occupational health

Customer Question

I am currently going through an occupational health assessment which they stated because i have self harmed once in the past 15 months it is classed as a safeguarding concern and i might not be offered employment because of this, even though my previous job was in the same field and there was no issues then.
JA: Where are you? It matters because laws vary by location.
Customer: Scotland
JA: What steps have you taken so far?
Customer: I am waiting for details to send a previous psychiatriy report.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i dont think so
Submitted: 9 days ago.
Category: Employment Law
Expert:  james bruce replied 9 days ago.
Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter. 

Can I please ask you to give me some more detailed information regarding this matter so as to allow me to work with you and help resolve your enquiry.

What is the nature of your work?

Customer: replied 9 days ago.
I have been accepted for a job as a classroom assistant. I will be working with children during their time at school. I have been working in a position with another council up until March doing the same thing and I currently am a leader of rainbows brownies and guides and a commissioner for guiding. all working with kids and never been an issue
Expert:  james bruce replied 9 days ago.

Thank you for that additional information, that will be helpfull in allowing me to advise you today.

You appear to have a very busy and active life working with children.

An employer does have a duty of care to both the students and to you.

If there has been any incident of self harm, the employer rightly would need to consider that, and ensure that you are not a risk to either yourself or the students.

Occupational health assessment is a very sound way to do this and actually shows that the employer;oyer is willing to work with you rather than simply saying no to you.

Customer: replied 9 days ago.
I spoke with occupational health doctor on Friday who states that it's a safeguarding concern and can't quite say yes to allowing the recruitment to continue. I have only self harmed once in the past 15 months and never put anyone in any danger.
Expert:  james bruce replied 9 days ago.

Understood, Ultimately, it is still a matter for the employer to decide.

Unfortunately, they may edge on the side of caution and follow the recommendation of OH and not offer the job. Unfortunately that is their choice, it is not discriminatory.

If they do decline the offer, you would need to loo for a role somewhere else .

Customer: replied 9 days ago.
I was forced out of my last job with another council because I was accepted for this new job. I told my old employers I had been successful in getting another job and would put my notice in when recruitment checks were done and I had a start date. my old employer then recruited for my position and told me I needed to put my notice in and back date it. this meant I was out of work which negatively affected my mental health.
Expert:  james bruce replied 9 days ago.

Very sorry to hear that, but this would not change the fact that the new employer does not have to give you the job.

Customer: replied 9 days ago.
would I have any leg to stand on regarding being asked to put my notice in with my previous job leaving me unemployed?
Customer: replied 9 days ago.
I did ask them if I could extend my notice period until I started with the new job but they told me no because they had already recruited and had someone ready to start
Expert:  james bruce replied 9 days ago.

The error was on your part putting the notice in before receiving full confirmation that the job was yours.

You did not need to backdate your notice at all, I cannot understand why they asked you to do that.

Customer: replied 9 days ago.
I have that information in an email regarding backdating the notice
Expert:  james bruce replied 9 days ago.

Not that it would really make a big difference what date was on the notice. Once notice os given, there is no automatic right to cancel or withdraw it.

Only the employer can decide whether to allow notice to be withdrawn, and if they had already recruited that is unlikely.

Customer: replied 9 days ago.
thanks for your help. not what I was looking for but ok
Expert:  james bruce replied 9 days ago.

Sorry the advice could not be happier.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.