A member of staff suffered from a medical condition – covered by disability under the Equality Act 2010 – that resulted in her having a lot of time off work.
After being made redundant, she applied for a job at another company and was offered the role, but her prospective new employer was not satisfied with her written reference and?so phoned her previous company. The latter would not provide details of the ex-employee’s sickness absence record, but did say it was extensive and that it would be difficult to judge whether she was suitable for the new role.
Following this telephone conversation,?the job offer was withdrawn – although the prospective employer claimed there were other reasons. The applicant brought two claims, one against her former employer and one against?her prospective employer, citing the negative reference and the withdrawal of the offer, which both amounted to unfavourable treatment due to her disability by both defendants respectively. Both claims succeeded.
Register now to continue reading
Thank you for visiting Nursery World and making use of our archive of more than 35,000 expert features, subject guides, case studies and policy updates. Why not register today and enjoy the following great benefits:
What's included
-
Free access to 4 subscriber-only articles per month
-
Unlimited access to news and opinion
-
Email newsletter providing activity ideas, best practice and breaking news
Already have an account? Sign in here
