Is this Discrimination?

A question about : Is this Discrimination?

I recently had a interview for the position of housekeeper in a nursing home, 20hrs a week, 4hrs a day...I was offered the position on condition of satisfactory references, CRB, and medical.

On Thursday I recieved a letter from them stating they were withdrawing the offer.

I rang and spoke to the Manager, she told me it was for medical reasons ( I was diagnosed with Breast Cancer 8yrs ago, underwent surgery, chemotherapy, radiotherapy and 5yrs of hormone treatment )

She said the company had a strict policy regarding sick leave and it was felt I may be off sick at times, also that she felt the job would be too much for me.....I reminded her that at the moment I work as a Nursery Nurse caring for 0 - 2's, 30hrs a week some days can be 9hrs long.

She asked if I felt I could deal with position then? I replied yes, so she told me she would speak to medical team again and send another letter to me? still waiting for that.

Ironically they offered me at the same time as withdrawing job offer the relief housekeepers position!

Best answers:

• - Dont' want to participate.
• Thanks dseventy.
  I guess I'm just very disappointed as I was looking forward to starting the position.
  I would like, at least the chance to show them I am capable of the position.
  I will wait to see what the next letter says.
• Cancer is automatically covered under the Equality Act, so is treated as a disability.
  However, I don't know if that applies once you're in remission / no longer receiving treatment, and they are looking at your sick leave days rather than your illness.
  If they have been stupid enough to refuse you the job and put in writing that it's because you had cancer then it's possible you have a case, but I'm afraid I don't know enough, or what you could do about it. Hopefully someone else will know.
• Cancer continues to be covered under the Equality Act, even after the person has recovered/is no longer receiving treatment. So if an employer withdraws a job offer because an applicant has previously had cancer, even though they no longer have cancer now, that is still unlawful discrimination.
  There was a very similar case last year about a solicitor who'd had a long time off work with depression, and then later had applied for and been offered a job. They withdrew the job offer because of her history of depression which was revealed in her medical questionnaire because they were concerned that she might have time off work on sick leave if her depression came back.
  The EAT ruled that this was unlawful discrimination.
  EDIT - if having reconsidered the situation, they still withdraw the job offer, then your recourse is to an employment tribunal for unlawful discrimination on the grounds of disability. You may have difficulty proving that the reason they have withdrawn the offer is because of the cancer (and not for example because of your references, say).
  So you should keep detailed notes of all conversations.
  If they are actually stupid enough to confirm in writing that the reason form withdrawing the job offer is that they are concerned about your possible sickness record in the future, then they are stuffed.
  You might want to speak to an adviser at the Equality Commission for advice on your own particular circumstances.
  https://www.equalityhumanrights.com/advice-and-guidance/
• - Dont' want to participate.
• - Dont' want to participate.
• Thanks for the information/advice .
  I don't neccessarily want to make a case of it, but it has also put me off applying for other jobs now incase I get the same response!
  I will still wait to see what the letter says though.
• Thank you Takeaway_Addict .
• Skibadee, please get informed opinion on this. I believe the employer was wrong to take this approach - "justification is no defence" in this situation.
  You may want to consider contacting the ERHC
  Quote:
• Well I never recieved a letter today so emailed this is the reply...
  I have spoken with HR and also my Ops Manager who agree that if we offer you the 20 hours then it will be subject to an assessment by Occupational Health. It does state in the offer that all appointments are subject to satisfactory medical clearance. I trust this will be agreeable to you and that we can proceed with the application
• Okay, well assuming you still want the job, I would write along the following lines
  I refer to your letter of [date] offering me the position of Housekeeper, and to subsequent correspondence.
  I note your concerns regarding my medical history. I am confident that I am fit to undertake the duties of Housekeeper and have no objections to meeting with your occupational health assessor.
  I look forward to hearing from you shortly.
  Yours etc
  Make sure you make it clear in the letter that you have been offered the job, as they are using weaselly words about proceeding with your application. No OHA worth their salt is going to recommend that they dont employ you based on a past history of cancer. But if following this meeting they stand by their decision to withdraw the offer, you will be entitled to ask for a copy of the OHA report.
• Thanks for confirming LazyDaisy, I thought that was the case. OP, push for the job - there's no reason you shouldn't. And yes, use LD's words, she knows what she's talking about!
  KiKi
• Awwww, thanks Kiki
  Yes, Skibadee, go ahead and use my words.... and do please come back and let us know what happens!
  Dx
• Well...before I saw zzzLazyDaisy's reply on here, I had emailed them and asked what was happening now? was I now waiting to hear from OH? Today I have this reply....
  we can start you and then complete the referral to OH
  So now I'm really confused??? How can they 'start' me...which would obviously mean me leaving my current position...THEN refer to OH..who could...then...refuse me????