02 February 2016
Job Offers Withdrawn for Disabled Candidates
Disabled people can suffer workplace discrimination before they even start the job. This usually comes to light if the disability was not disclosed at interview and is brought up at a later stage in the recruitment process.
Put yourself in the situation. Despite the nerves, your job interview went well. You gave a good representation of yourself and the skills and experience you can bring to the role. Then to your delight you hear from the company and it is good news: you’ve got the job. Your hopes are high; you feel excited, proud and begin to get yourself mentally prepared for the new challenge.
But then, the job offer is dropped. Why? Because the employer has since found out that you are disabled. You are not required to disclose disability, but you may have thought it best to inform them of a disability if reasonable adjustments are required.
It is at this point that some candidates may find their application is withdrawn. An employer will rarely say it is because of disability. They may point to a change in requirements or circumstances within the business.
If your job offer is dropped because of your disability, this is direct disability discrimination. Having a job offer withdrawn after you have given information about your disability is one of the clearest forms of discrimination at job interview stage. It is also easier to prove than if the job is simply not offered to you.
If this happens, you should make a note of everything that occurred. This should include the times and dates and what happened in as much detail as you can remember. You can use written evidence too, such as emails. Once you have collated this information, you should get in touch with an employment solicitor for expert advice
Having a job offer withdrawn after you have accepted it is a breach of contract. You therefore have potential claims for unlawful discrimination as well as breach of contract, and you could take legal action against the employer for losses and damages, particularly if you left your old job in order to take this one up.
For specialist legal advice on a disability discrimination issue, complete our confidential online discrimination enquiry form and one of our expert discrimination solicitors will assess your case free of charge.
Alternatively, call Slater and Gordon Lawyers on freephone 0800 916 9060 or contact us online to discuss your discrimination at work case.