I think I've been discriminated against? Have I?

[helpimcrap]

I've never knowingly experienced discrimination so bear with me. Normally I'd put it down as I wasn't good enough etc. But having a significant disability mentally and somewhat physically (limited right elbow movement) means I sometimes need support to do a job to a normally high standard.

I could do the job no problem I think, but occasionally I make incorrect decisions based on rash thinking due to processing impairments. I have been diagnosed with restrictions and considerations based on medical neurological testing.
That's a bit of background on me.

Basically I went for a job (1 step up and similar to what am doing but community based) and didn't get it, but part of the feedback bugged me. They said that they felt fatigue would be an issue which implies that was part of the reasoning for not getting the job. Fatigue is a recognised side effect of having a stroke and I manage it well enough to work full days with no detriment to my performance which is a high standard.

The fact they have stated that a side effect of my disability is a reason for not getting employment contravenes the Equality Act doesn't it? It essentially means that anyone with a disability similar will not have a chance of employment and these are quite low paid jobs. Not jobs you need a degree for.

I'm not saying I should get preferential treatment to get the job, because whatever gender or race or religion etc it should be 100% equal with allowances to create an equal footing. Hence Equality Act. What I am saying is that I should get looked on in an equal manner. Otherwise I'm only ever good as a cleaner etc and there is no point trying to strive to better myself if based on what I cannot change will stop my future.

Have I been discriminated against based on disability?

I'm not fussed about money but was going to put a complaint in to try to get them to look at their own outlook as they are a company all about equality and discrimination.
Sorry for long post, I'm sure I could have created an easier read.
As a test I decided not to mention it in the next interview for a very similar role, just on the application (which they don't seem to check). They offered me the job.

What are people's thoughts?

 

[helpimcrap]

Honestly, I hired a guy who didn't tell me he had chronic fatigue. He told me during the on-boarding chat. He then told me he needed a break because the 20 minute coffee chat was exhausting. I didn't see him for 2 hours. He had a miserable 8 weeks and it ended with him being picked up by his father in law as it was all just to much for him to cope with.

Make a complaint, but also be honest with yourself. You are presumably massively 'abled' but a job where you are in the community dealing with all the other grief that comes with being "out and about" may not be the best job for you.

I'm not looking at it from a 'me' POV and whether I could do the job, more from a legal POV of whether it is actual discrimination.

I've seen people in the job who I would pee all over for ability but that's by the by.

 

[helpimcrap]

1) You have to ask for, and be able to do the job with reasonable adjustments.

2) You can get up to £50,000 free money from the DWP to pay for those reasonable adjustments (access to work). They will give you a work capability assessment soon after you start a job if you ask them, then pay your employer for adjustments, even give you a support worker if too disabled.

3) Failure to ask for or mention you would have no difficulty with reasonable adjustments = no discrimination.

Thank you. This is what I was looking for as I know employers have to make reasonable adjustments, so to have no suggestions that even with reasonable adjustments we feel you are not fit for this role etc is disheartening. I was kinda after confirmation.
I felt mentioning it in the interview and the adjustments (coping strategies) I've made for myself to allow me to perform an equal duty would show creativity, but it seemed to reinforce their views.
I have mentioned it numerous times in my application so I have it in writing about recovering from severe injuries and saying I did not want to disclose if I have a disability (but never saying I do not have a disability), which should have prompted questions you'd have thought.

In all fairness, I've qualified for university so I can do the work. The jobs I applied for are not jobs needing degrees.

 

[helpimcrap]

1) You have to ask for, and be able to do the job with reasonable adjustments.

2) You can get up to £50,000 free money from the DWP to pay for those reasonable adjustments (access to work). They will give you a work capability assessment soon after you start a job if you ask them, then pay your employer for adjustments, even give you a support worker if too disabled.

3) Failure to ask for or mention you would have no difficulty with reasonable adjustments = no discrimination.

Thank you. This is what I was looking for as I know employers have to make reasonable adjustments, so to have no suggestions that even with reasonable adjustments we feel you are not fit for this role etc is disheartening. I was kinda after confirmation.
I felt mentioning it in the interview and the adjustments (coping strategies) I've made for myself to allow me to perform an equal duty would show creativity, but it seemed to reinforce their views.
I have mentioned it numerous times in my application so I have it in writing about recovering from severe injuries and saying I did not want to disclose if I have a disability (but never saying I do not have a disability), which should have prompted questions you'd have thought.

In all fairness, I've qualified for university so I can do the work. The jobs I applied for are not jobs needing degrees.

 

[helpimcrap]

Lucky bugger getting an interview and feedback in this day and age

I get nowt :/

Lol. I can get verbal feedback only, they never email and it's always at a time I don't have the time.

Thanks to everyone for their thoughts, even criticisms, as it puts another thought in. Technically I am under Neuro rehabilitation and have been since the head injury. However I am not on PIP or anything, so nothing official. With that in mind technically I wouldn't have to tell them (some are naturally slow, some cannot do mathematics etc), but being open and honest is my way. Maybe it's also my downfall.

Thank you for your help.

 

[helpimcrap]

Possibly. But on the flip side an employer has a duty of care. If they felt that the work would make your medical condition worse then don't they also have to take that into account? I'm completely guessing here though.

This was what prompted the original question in a way. As said, I am open and honest, know my limitations, have coping mechanisms etc. My current work, same employer, haven't been the most understanding and I've had to dumb it down for them to understand, even though understanding is part of their job. I go to other departments and get fantastic feedback from staff, so maybe I need to be less open and just keep my mouth shut until I find my niche. Minimum wage jobs it seems, are my future unless I ignore the head injury and all the fallout from that.

But hey, maybe I'm just misreading things and the world isn't as understanding as I think it should be. Maybe I'm reading too much into myself and I should pretend it never happened.

 

[helpimcrap]

Thanks, I know I sound like I'm being a bitter little ***** about it, and it's for the best etc but I was curious.

I see discrimination and offensive comments unfortunately a bit in my line of work from people who should know better.

Thanks for the advice, and I understand I'm being cagey about the employer and that is the social media we live in.