new rep with a problem outside of RM

[NewUnitRep]

Hi, I'm a new rep with a problem outside of RM.

My wife has a part time job cleaning a school. She applied for an additional job at the same school for a playground attendant.

She's not been offered the job on the grounds that they included information from her sick record on making their decision.

She suffers with intense migraines but has only hand a few days off because of this.

Knowing what i have learned as a rep so far, is this a case for discrimination?

The school have used information from her sick record against her (they would not of checked other candidates sick records from there current or previous employer) and i feel they are discriminating against her for being a life time sufferer of migraines.

I hope of any advice on this please as I'm not best sure how to tackle this as its outside CWU/RM

thanks

[jack]

Hi, I'm a new rep with a problem outside of RM.

My wife has a part time job cleaning a school. She applied for an additional job at the same school for a playground attendant.

She's not been offered the job on the grounds that they included information from her sick record on making their decision.

She suffers with intense migraines but has only hand a few days off because of this.

Knowing what i have learned as a rep so far, is this a case for discrimination?

The school have used information from her sick record against her (they would not of checked other candidates sick records from there current or previous employer) and i feel they are discriminating against her for being a life time sufferer of migraines.

I hope of any advice on this please as I'm not best sure how to tackle this as its outside CWU/RM

thanks

I do believe migraine is defined as a disability (2010 E Act)

So I would say she has been discriminated against... by being treated more unfavourably than a person who does not have migraine.

[NewUnitRep]

Thankyou.

[NewUnitRep]

.

[clashcityrocker]

Whilst employers can dismiss employees who do not have a satisfactory attendance level, there are many obligations on an employer to act reasonably in following a fair procedure before dismissing an employee. This will include the provision of support and assistance to migraine sufferers as part of the dismissal process. Migraine sufferers should seek independent legal advice if they have been dismissed due to their migraine related absence.

One main legal avenue to check out is disability discrimination. A person will be classified as disabled for the purposes of the law if that person has a physical or mental impairment and the impairment has a substantial and long-term adverse effect on that person’s ability to carry out normal day-to-day activities.

This is judged on a case by case basis, with the determining feature normally depending on the frequency and impact of migraines on a sufferer's day to day activities. If a person suffers from a migraine attack once a year, they are unlikely to be classified as disabled for the purposes of the legislation, whereas someone with weekly attacks will be. The key issue is not the impairment but its effect.

[NewUnitRep]

Thanks clash'.

Can they use her sick record against her? I mean regardless of her migraines. If they were not privy to her sick record they have as good as said she would have got the job. They wouldn't have checked the sick record of other outsiders applying for the postion so surley they can't use hers against her either, can they?

[jack]

Thanks clash'.

Can they use her sick record against her? I mean regardless of her migraines. If they were not privy to her sick record they have as good as said she would have got the job. They wouldn't have checked the sick record of other outsiders applying for the postion so surley they can't use hers against her either, can they?

Sick record shouldn't come into it, if she's as qualified as the next person to do the job she should be considered for it (so im led to believe)

[NewUnitRep]

Cheers jack, I thought the same.