Hello I don’t post but used to read a while back… I hope this is the correct place to post…
I have a diagnosis of MS. It is very mild, with only sensory disturbance (numbness & tingling).
I recently applied for a job that has some physical aspects. There was a medical where you had to prove mobility which I passed as I have no physical disability at all. I’m fit healthy, do boot camp style training, Tough Mudder etc… regular runner… no problems at all.
However, all candidates were asked to complete a full medical disclosure form… I wasn’t happy about this as the last thing I wanted to do was tick the MS box! The form cane with a declaration “whole truth, nothing but truth” type thing and so I knew I had to declare it…
I was gutted.
I told the nurse I wasn’t happy about the form as I didn’t think I could be asked for such detail in recruitment process.she reassured me I was covered under the Equality Act, and told he it wouldn’t affect my application…
I was really shaken & upset, but filled in the form.
l was then asked to sign a form allowing my doctor to provide medical records & letter stating fitness for work… I allowed this based on what nurse said, but I was very unhappy.
Low and behold my job application has been put in hold. Other people who applied have been offered a job, but I’ve been told that although I passed the interview I still need to give Occupational Health more information.
(my doctor signed me off as fit fir the role incidentally).
I have now researched this and see that under Section 60 of the Equality Act medical information cannot be asked for prior to a job offer. Withholding a job on disability grounds is disability discrimination.
Today they asked me to see their doctor next month about my MS!!!
Am I missing something??
I have responded with a NO I’m not sitting with your doctor until I have a job offer as that is illegal. I can do the job, and have proven it.
The company do not think that they’ve done anything wrong as they can ask questions regarding disabilities intrinsic to the job and under health & safety reasons.
My understanding is that it means “do you have a disability that stops you doing x, y,z? To which I’d say NO!
It doesn’t give them the right to delve into my entire medical history pre job offer.
Given I’m fit & heAlthy with no physical limitation it all feels very prejudice. I have MS therefore must have physical limitations!!??
I’m speaking to the Equalities Commission tomorrow.
if anybody has any advice or comments that would be great.
Thanks for listening.