Job offer being reconsidered

fibrowarrior13
fibrowarrior13 Online Community Member Posts: 5 Contributor
in Work

Hi,

I was offered a job last week (subject to references) and today I received a phone call to say that they are reconsidering the offer, as both referees mentioned me taking extended sick leave. I have had M.E and fibromyalgia for over 30 years. I was diagnosed with cancer in 2020, so had to take time off to complete my treatment. The treatment had a significant impact on my pre existing conditions, so I was off for over a year.
I was eventually made redundant (nothing to do with health, the job no longer existed). I started in a new job and was shortly after informed that I would be having my final cancer surgery (which had been delayed due to COVID). I struggled with revisiting my cancer diagnosis, so felt it best to resign from the job to focus on my surgery and recovery.

In the phone call this morning my new employer wanted me to explain why I had been off sick and then questioned my ability to do the new job (it is 17 hours per week, term time, mainly remote with some travel - so perfect for me). I explained everything I had been through and she told me she would have to go away and think about it and told me to have a good weekend.

After coming off the phone, I was concerned that I had not explained myself properly, so I put everything down in an email. She has not acknowledged the email and I am now in a position where I have no clue if I have the job or not.

If I do not get this job, will I get any job, because the issue regarding my sick record will always be there?

Any advice will be most gratefully received ☺️

Comments

  • Ranald
    Ranald Online Community Member Posts: 1,061 Championing

    Your situation just illustrates the cynical behaviour of HMG. How on earth can we explain away a gap of many years ( in my case), or indeed extended periods of sick leave?

    We are set up to fail, as they well know.

  • Rosie_Scope
    Rosie_Scope Posts: 5,644 Scope Online Community Coordinator

    Hi @fibrowarrior13, sorry to hear you've had this experience, that's a stressful position to be in but fingers crossed she's just taking her time to consider everything. It sounds like you've done the right thing by explaining then following up with an email so it's all laid out in writing. Hopefully she'll be able to see through the gaps in your working life and all will be okay.

    If the worst comes to worst and you find it difficult to get into paid work at the moment, would a small amount of volunteering be an option for you?

    It may feel like a step back, but it might help illustrate to employers that you're reliable. And after a few months you may be able to use them as an alternative referee who would know what you're capable of now rather than back when you were still in treatment.

    Hope you hear back soon and can find a way forward.

  • fibrowarrior13
    fibrowarrior13 Online Community Member Posts: 5 Contributor

    I am doing freelance work at the moment. My time off was literally for cancer treatment, so I don’t know how I could ever get around that.

  • Rosie_Scope
    Rosie_Scope Posts: 5,644 Scope Online Community Coordinator

    @fibrowarrior13 Ah I see, I'm sorry if I misunderstood your situation. It's good that you're in freelance work at the moment. And as you say, cancer treatment is a really good reason to have been off work. It's frustrating that this has become an issue for them.

    Do you feel you've lost confidence in this role after their hesitance or would you still be interested if things turned out okay?

  • fibrowarrior13
    fibrowarrior13 Online Community Member Posts: 5 Contributor

    as they have not even acknowledged my email, I am beginning to have concerns

  • Santosha12
    Santosha12 Online Community Member Posts: 1,134 Pioneering

    Hi @fibrowarrior13, I'm really very sorry to read of your experience today, it must be very disappointing and disheartening to say the least.

    I personally would ring ACAS for advice; not just necessarily for where you stand with this particular offer, but going forward, especially if the offer is withdrawn.

    If it had been an Unconditional Offer (sounds like it was not as it was Subject to References) you'd likely have a right to take legal action for Breach of Contract. (Not suggesting you'd want to necessarily take that route had it been Unconditional).

    However, even with a Conditional Offer (Subject to References/could also be conditional, for instance, on satisfactory previous attendance/health record etc); a company withdrawing such an offer would need to be extremely careful that they were not acting discriminatory if the person has a disability.

    They would be prudent to be considering what reasonable adjustments they could/should be making in order to not be discriminatory and to uphold the offer (if it's discrimination then I'm sure you still have a legal right to pursue for breach of contract. Or at least to complain if they do withdraw your offer).

    I'm not suggesting you'd have the appetite for the above but just putting it out there, my employment law knowledge is not as up to date now hence recommending ACAS.

    The description you give of the role, i.e working remotely mostly/term time/not full time i.e. within what you feel are within your capability, sounds like adjustments would not have been required anyway.

    (When I was offered a position after sick leave, and dismissal from previous role due to Long Covid, I offered to have a longer probationary period to try to secure the offer. In the event, it wasn't necessary - they couldn't anyway as it was the NHS - so I was offered the job. Didn't work out because of ill health/disability, but that's another story!)

    I do feel their stance is particularly harsh when their conversation with you took place this morning; ample time for them to consider, in my view, instead of leaving you all weekend not knowing.

    I've seen from your later post that they've not responded to your email this afternoon.

    Whatever the outcome, I wish you well and that you can weather this with resilience. The same resilience you've already proved you have. (My background was 20yrs+ in HR/operations management, prior to a career change to nursing, and I didn't rescind offers for this type of reason, nor did the senior management I worked for either; not in any of the three companies I worked for. I would not have stayed if that was the culture.

    My very best wishes to you. I hope they're a company worthy of you. Take good care.

  • fibrowarrior13
    fibrowarrior13 Online Community Member Posts: 5 Contributor

    I have just received a lovely email saying that they are going to continue with my appointment. They are going to arrange with occupational health a meeting, so that I can be supported in my new role ❤️

  • Santosha12
    Santosha12 Online Community Member Posts: 1,134 Pioneering

    Oh that is just the most brilliant news - I am SO pleased for you! Moreso that they hadn't left it until Monday to inform you, and supporting you too. It's good to know, gives faith, that there's still decent employers out there! I hope you have a really lovely weekend and congratulations on getting the job 😊. Thanks for updating too!

  • Bluebell21
    Bluebell21 Online Community Member, Scope Member Posts: 11,300 Championing

    Great news @fibrowarrior13 Well done.