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Everything posted by advice999

  1. Hi dx100uk - I'm very sorry, but I've emailed them and they've not replied. Can you kindly advise of a timescale? Thanks.
  2. Emmzzi - I totally understand both sides mate and regarding the pay.... they are not expecting full wages, if the hours were reduced, then so will the wages, which they are willing to accept.
  3. No worries. It's okay. Not 100% sure, but I think under the equality act, employers cannot ask if a person has a disability as it would be discrimination. But due to their physical characteristics they could see for themselves. But no questions about their health issues were raised. Here's what acas website states: The two types of discrimination specific to disability When it comes to job interviews and the recruitment process, an employer must take particular care regarding job applicants' health and any disability. This is to prevent employers discriminating against individuals with health conditions. Job offers should be made on the basis of merit. As a result, there are laws on what and when an employer can ask about an applicant's health. However, an employer should ask applicants if they need any 'reasonable adjustments', sometimes also called 'access requirements', for any part of the recruitment process. But an employer should take care not to confuse this as being the same as asking a candidate whether he or she is disabled. And if an applicant volunteers information about a disability or health condition, interviewers should take particular care not to follow this up with further questions about it or let it influence their recruitment decisions, apart from in very limited and set circumstances. Asking about health matters in interviews So what can employers ask about health matters before making a job offer? There are only four circumstances under the Equality Act in which it is allowed, and they apply to interviews, questionnaires and all other selection methods. They are: To find out if an applicant can carry out a function that's essential to the role. This could also be to help employers work out if an applicant could do the function with reasonable adjustments made for them. To take 'positive action' to assist applicants with disabilities. Employers may take steps to remove barriers or disadvantages and give support and encouragement to employees and job applicants with disabilities. But they'll have to show that other groups aren't discriminated against as a result. For monitoring purposes so that employers know the diversity of candidates. This is usually done without revealing an applicant's identity and not as part of selection decisions. To check a candidate has a specific disability where having such is a genuine requirement of the job. Such 'occupational requirements' are governed by their own rules under the Equality Act, and cannot just be down to an employer's preferences. Offering a job Having offered a job, an employer may ask appropriate health-related questions, but must still be careful not to be discriminatory. The same goes for any health checks an employer subsequently undertakes - for example, singling out disabled people for health checks is likely to be discriminatory. And if an employer withdraws a conditional job offer, it is advised to keep records of the reasons in case the matter leads to a discrimination claim.
  4. Ericsbrother - The old position is not available anymore. Manxman - I'm very surprised that you're using words such as being lumbered. Would you say the same if someone was in a wheelchair? Firstly family member has a disability/protected characteristics, hence under the law has equality rights and secondly the new manager was informed in advance of the conditions well before the start date. Thirdly if the manager finds he's been (in your words) lumbered, then surely he's discriminating and if can't handle it, then that's his problem?
  5. Thanks dx100uk. I just want to delete them as I've given away too much personal information. If Google picks it up, then I'm willing to accept that as my responsibility. I'll email them now.
  6. Hi dx100uk. I appreciate what you're saying, but if they can't be deleted, then surely I should still be able to edit them?
  7. Hi guys, I wanted to pm a mod, but unfortunately I've got to have at least 11 posts. So therefore I've decided to post here instead. I want to delete my account and any threads created. Could you please kindly do this for me? Thanks.
  8. Thanks Emmzzi. I will speak to them and see what they think. I appreciate your time in helping us.
  9. Hi Emmzzi, Unfortunately the old position is not available anymore. Regarding the F/T position - The job ad stated that although the position was F/T, there maybe a chance of P/T if that's what the applicant wanted. However, they didn't intend to go P/T, hence they didn't to ask the vacancy holder. Also the report has clearly stated recommendation of less hours and other adjustments. Having said this, it's not simply about reduced hours, but it's about the whole situation, i.e. the problems with management not allowing for a fair chance of discussions and her manager giving them the snub, whilst having a great time with the rest of the team - I personally see this as harassment and victimisation, but that's my own opinion.
  10. Hi king12345. I think it's a very fair question and one that I asked only recently. The answer to that is a resounding yes, if reasonable adjustments were in place. The proof is clearly in the previous job role, that once they got the RA, did exceptionally well in her role and exceeded many colleagues too. To be honest, they applied for the job out of their choice and not because someone had recommended or pushed her towards.
  11. Hi everyone.Thanks very for a great forum with so much wealth of information. I'm hoping someone could give me some advice on current on-going issues a family member is having with an employer and getting extremely stressed with the situation. They are currently so stressed out, that I've had to write this on their behalf and with their permission.I'll give you a bit of background, but will try to keep it as brief as possible, but there has been a lot going on, so please bear with me.Health Has multiple mental and physical health problems - deafness, depression, stress, anxiety, low confidence, stuttering, backache, bells palsy - some I can't mention as I'm restricted with what I'm allowed to share. Has been on medication all their life and sees various consultants for these issue Past Employment Has been working with the same large organisation for years in one dept as a typist worker. This dept was very empathetic and after an occupational health report, they were very supportive in providing reasonable adjustments, such as time-off for appts, late start at work due to medication side-effects, reduced workload and part-time hours etc. This allowed to excel in the role and actually exceed the minimum requirements and management were very pleased with this. Applied for a promotion in a different dept for a full-time role and succeeded. The role wasn't for a typist, but without stating too much, it still involves 99% working-time on computers. Current Employment Started new role about 4 months ago. But before actually started the new role, the old manager met up and explained the conditions and reasonable adjustments to the new manager as they are all in the same building and same floor. However upon starting the role, the new manager advised that due to it being a totally new role, any reasonable-adjustments, bar the break-times, would be withdrawn, as he believed that the new role was totally different and also he felt occupational health needed to reassess employees health, in order for him to decide what reasonable-adjustments he should make. Family member complained, but eventually reluctantly agreed as they assumed that the manager was doing what was best for her. Whilst awaiting for the occupational health report though, within a short frame of time, family member started to become ill, such as feeling very stressed, sleepless nights, anxiety. felt this was due to the current pressures of the role, due to it being full-time and due to the reasonable adjustments being withdrawn. Family member decided to do what they felt was right and spoke to the new manager about their problem, expecting some empathy and support. However the manager turned against them and after their private meeting, he wrote an email stating that family member was not willing to take responsibilities or wanting to work the current role. Basically the email twisted everything thatthey had told him. It was eventually agreed that they would wait until the occupational health report came through before deciding next course of action. However around 1 week before the occupational health report was due, the manager called family member into a meeting and advised that although the report hadn't been released, he preempted that it may state reduction of hours and responsibilities and if it did, he said that he would block this request from the occupational expert on the basis of business needs. He also said that family member would be blocked from unreasonable flexible hours, even though this role could be worked at anytime during the week, day or night and she also was denied to work from home until fully trained, even though most training is completed and they only need to ask occasional questions which can be done via skype chats and emails. Felt very stressed out and unwell, so after speaking to their gp, went on sick leave. When feeling better, returned back to work, but now he's giving family member the cold shoulder treatment, whilst being friendly with the rest of the team. Sometimes he's nice, but most of the times, he ignores . This is making life hell and already has been off-sick due to this. All the family member wants to do is get on with their work. Even though he has since received the report, he's not informing family member of his decision and delaying answering it as much as possible. This has left her in a limbo and anxious. I would be very grateful if you could you please help give us any advice for this? What do you make of this situation? Do you think what he's doing is fair or is it discrimination? What is the law for this kind of scenario? What should she do? Thanks very much and I eagerly look forward to your reply.Advice999
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