Questions over illness

[Monki]

A friend of mine is looking at getting a job with an IT company and has worked in the field for 10 years.

At his current company, he had issues with migraines due to the new lighting that was installed/ lack of fresh air and was sent off to see an occupational therapist. However, due to the way they dealt with it my friend felt harassed and so migraines became covered under the disability act at his company (after a lot of pressure) and so they could no longer question the issue. (he only suffered approximately one every couple of months which was less than people not turning up to work once a week because they had a hangover). It was agreed that he would be allowed to work by an open window with an uplighter and since then, the migraines have been a rare occurance (generally once every 3-4months instead)

My friend is now looking to move to a different part of the company in Newcastle as a job has come up which involves a bit more training and better prospects, however the people conducting the interview have been asking about his migraines.

So I was just wondering...


is this legal seeing as the company itself has classed migraines under the disability act? And is it right to use someones illness against them?

Thanks for any help, my friend is a bit hacked off!

[stigmundfreud]

officilly they cannot discriminiate, but they will.

[Jasandjules]

They have ensured that in the event your mate doesn't get the job he has the option of issuing proceedings against them for discrimination..........

[Monki]

Thanks, from what I have seen my friend is the best candidate for the job (top performer, most qualified, glowing reference from her current manager) so there really is no reason why he should not get the job.

Thanks for the help chaps

[Jasandjules]

The other issues surround what questions are currently being asked, and by whom. The DRC (now Equality and Human Rights Commission) issued guidance about who within a firm has a need to know any information about any disability, and the remit is very limited....

[Monki]

from what he has gathered, a former team leader in his department (now working at the place in Newcastle) has been disclosing the information to the potential manager doing the interview. However also the former team-leader has a friend going for the same job and so my friend is wondering if it's perhaps a form of "sabotage" to promote the chances of the team leader's acquaintance getting it.

Thanks again for the advice