Can a job offer be withdrawn based on absence records?
staff absence management,
Recent case-law has added further weight to the argument surrounding reasonable adjustments and considerations in relation to absence.
In West v Yorkshire Ambulance Services NHS Trust, the tribunal ruled that the nurse was discriminated against based on her disability when a job offer was withdrawn. On viewing her previous absence record, references and occupational health record the Trust had withdrawn the offer of employment. Her previous job had ended after an 18-month absence period.
The Court ruled that they had failed to give due consideration to the nature of the absence and acted too quickly which was based upon doubt rather than investigation and consideration.
You can withdraw an offer of employment at any point if you receive an unsatisfactory reference or any conditions of employment are not met. However, you must make sure that information relating to disability or indeed equality is not the reason the offer is withdrawn.
The case highlights the importance of the consultation process and pre-employment health checks. If you need advice in relation to recruitment contracts, managing pre-employment health checks, withdrawing offers of employment or indeed managing absence records, please call one of the FusionHR team on 01924 827869.
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