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Can a job offer be withdrawn due to number of days of sickness?

 

Hi

Think if you follow action suggested, then you might just concentrate minds re DDA !

bubbles_once

20/02/2009 21:24:42

Thank you for the advice. I've never had a period of sickness like this (just an odd day or two here and there) and it's a shame this happened right before I found a fab job.

Newmummy

20/02/2009 18:03:31

Hi

You raise a very tricky question about the possible effect of the DDA !

IN EMPLOYMENT, the usual 'play-safe' rule is to discount DDA-related absence from deciding what's acceptable for non-disabled employees because this is a 'reasonable adjustment'

BUT I don't think it's quite so straightforward for applicants for employment. If you were rejected for the sole reason that you were disabled under DDA then that would be unquestionably unlawful but if you were rejected because the prospective employer thought they needed someone with a much more reliable attendance record than you were able to provide then this might be quite justifiable in all the circumstances (ie, not a 'reasonable adjustment' to have to discount your absence history - or at least that bit of it that related to DDA disability - it gets very complex !!). But it's arguable either way.

If you think your 35 days was a 'blip' one thing you might to is to ask your GP to write you a note explaining you have XT disability; that you recently had a lot of sickness absence as a result but in their opinion you are OK now and ought not to have excessive sickness absence over and above any non-DDA employees.

Worst thing you can do here is I think not explain anything to prospective employer.

bubbles_once

20/02/2009 08:32:31

Can a job offer be withdrawn due to number of days of sickness?

Hello,

I have a disability which is covered by the DDA. I have received a job offer which is subject to medical and references. I recently had six weeks off work due to my condition.

On the medical questionnaire it asked how many days have you been off sick in the last two years? Obviously I had to put 35 and I am sure my previous employer will also if they are asked the same question in a reference. 35 seems like a lot to me....I have never had this much time off before.

My question is can the new employer withdraw their offer when they see that I had 35 days off in the last two years? Is that considered an unsatisfactory reference? If so, is there anything I can do to preempt this?

Thank you in advance.

Newmummy

20/02/2009 02:34:38