Undisclosed negatives in new staff

paulears

Free Member
Jan 7, 2015
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Suffolk - UK
Since I stopped teaching in college, I've tried to give young people a start whenever I can by employing 18 yr olds when then finished college with their basic skill set in music, performing arts and media. Some just for a couple of months until they went off to uni and others going into the area I work in straight away. I'd often give work to uni students too, if they came back in the summer, and pretty well everyone knows how our industry works and are very similar in attitude and ability. I'm also very happy, and often prefer, to take graduates rather than total strangers. I've also started to take the newcomers by Facebook recommendations/friends of friends from the local area.

Not had too much luck this year - similar circumstances, twice. New people - CV typical of their ages for an ex-graduate and an ex-college person.

I need to be careful in my explanation, and change a few details, as I've received considerable grief, but my record with people with disabilities is pretty decent. A girl who lost her leg through cancer - who was going to be a dancer, was also I discovered pretty useful at things her leg didn't effect - Stage Management - having a logical head, and being cool and efficient, doesn't need her to run about, and another guy who lost his leg had no problems at all with lighting. He could even climb ladders perfectly safely with the clever electronic leg he had. Both these people moved on in the business, and the lighting guy now earns many times what I do, working internationally, and still rides a lethal Ducati motorcycle that is scary! (Up and down gear shift on the handlebars, for bike lovers).

Now to the current situation. If my lighting guy had had both legs, but had been blind - as a lighting person, I could not have taken him on, simply impossible to do that job if you can't see - but what if they could see well enough at interview but didn't reveal their lack of sight at a distance, and no colour vision - until you ticked them off for making silly mistakes. Then they tell you their condition, and say it's not their fault?

Or again, with some details obscured for privacy reasons, how about a person coming in for a job that by the nature of the job requires to be able to work off the ground, and also requires very, very basic manual handling skills - the kind that you show somebody once, and then never again, because once you do it once you remember? Some of the work involves lifting things - not mega heavy and not something a slight female would have issues with from a safety perspective. You notice that in the team of mixed male/female members, one person always hang back when the next item on a truck is big and heavy and steps forward when it's a small tool box. You notice that you have shown them the safe way to do a simple process, but then others are also showing them the same thing - but when they try to do it, others have to step in. Maybe after 3 attempts under observation, people have to step in each time, and then on the fourth, they simply get it so wrong, somebody else is put in such a dangerous position the more skilled team members shout STOP - DO NOT MOVE, because somebody has been put at real risk by something so simple as forgetting to do a very simple, easy and common sense thing - for the 4th time! Turns out he has a condition that means he has trouble with this kind of thing.

With both the people I'm thinking of, I simply mentally downgraded them in ability terms, made adjustments and took them off jobs likely to cause them and others harm. In both cases, these people carried being paid the same, and spent large amounts of time sitting doing nothing watching the others work harder to compensate. It's only a few months - we can manage.

In health and safety terms, he's dangerous. His actions could seriously injure people. Imagine two people carrying something heavy, and him just suddenly letting go. Fingers, backs, feet all at risk, and at one point he really could have killed somebody left struggling when he gave up.

Then, in both cases above, they do something that just wrangles. In one, simple and horrible gross misconduct, and the other, I text them the time for the next day, and they said fine, but said they couldn't do the next day because they needed to go for a blood test. I replied saying that this was a double day - probably 14 hours, one of our rarer events, but a really long hard day. No - they can't do it. As I'd had words explaining that despite his condition, he was clearly lazy - citing one event where somebody was pulling a very heavily loaded truck, sweating and panting, while he walked behind it, not even pushing! I also mentioned the things that I, as a 59 year old had had to do, because he couldn't lift it (and I have a bad back too). I told him to pull his socks up and try harder.

So my last response in the text was to tell him not to bother coming back. Mainly I think because his attitude to the job was that he could just announce he wasn't coming in and that was fine - I subsequently found that when I was not there on Saturday, he didn't turn up, but I didn't know that when I fired him.

In both these cases, I instantly got accused of firing them because of their conditions - but they ONLY disclosed them when they first started to make mistakes. In both, the cause of the firing wasn't their conditions at all - it was simply them using it as an excuse for poor standards. One of my lot is a severe dyslexic, and nobody knows because they learned how to deal with it, and she only revealed this when he was bandying his condition around as an excuse for not doing anything. Another has mild autism and Aspergers syndrome - and as long as we are precise in our instructions, he fits in well - he does what he's told, doesn't ever complain, and if we see him just standing around because he doesn't know what to do - people just tell him, and he does, and he gets paid the same as my problem person, yet works twice as hard, which isn't right!

Now the question - I'm aware of the disability legislation in general terms, but if their disability is not revealed before you take them on, what do you do when they are totally unsuitable for the job they get engaged to do.

I'm very fed up with complaining parents, and we're offering him a few hours in the week mentioned in his contract, which we really don't have to as it's zero hours, just to be nice. It leave me with three weeks left of short handedness because I cannot get a replacement.

I should mention that this is not a training role - we need people with experience, which college is usually sufficient, or amdram etc.

In my opinion - I didn't get rid of either because of their conditions, but they say I did, probably because they don't want people to know that they're not employable in our business.

Everyone tends to be a team member - each with a totally different role. There is nobody to supervise them during a show - everyone has their own job to do, and they must be able to do it, virtually from their first day, once basics are delivered.

I'm made to feel that I singled them out.
 
Not mentioning a disability or health condition in a job application is perfectly acceptable if the application does not specifically ask for it.

Telling an employer during the course of employment, that you are unable to carry out certain tasks because of a disability or health condition is perfectly fine.

If the condition amounts to a disability under the Equalities Act the employer should weigh up whether reasonable adjustments to the job they were hired to do can be made to allow them to continue in the job. If no reasonable adjustments are feasible then the employer can consider whether there is another role that is suitable is available.

If no reasonable adjustments/alternatives are available - and the consideration of them should be documented and discussed with the employee at the time - then dismissal of a disabled person for being unable to do their job is potentially fair. No employer is expected to pay someone to stand around waiting for the 5 minutes in the day for a task to come up that they consider they can do.

Reasonable in this context relates to both parties, no one would expect a micro employer to invest thousands of poubds in computer equipment, for example, to help a person with dyslexia carry out their data entry role.

If the condition does not amount to a disability, then there is no need to consider alternatives, dismissal for lack of capability is all that is needed.

Continuing to employ someone who is a health and safety risk to themselves or others is an absolute no no.
 
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Sounds like you tried to do the right thing Paul but the staff members in your problem instances were not cooperating.
No idea on the legal side but for what little it is worth you have my support.
 
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If the condition amounts to a disability under the Equalities Act the employer should weigh up whether reasonable adjustments to the job they were hired to do can be made to allow them to continue in the job. If no reasonable adjustments are feasible then the employer can consider whether there is another role that is suitable is available.

Just out of curiosity is there an official government list anywhere of what conditions are considered a disability under the Equalities Act?
 
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Just out of curiosity is there an official government list anywhere of what conditions are considered a disability under the Equalities Act?

Not really. The definition is

a physical or mental condition that has existed or is expected to exist for at least 12 months, which has a substantial effect on the ability to carry out normal day to day activities.

Some conditions are specified as meaning someone is automatically disabled - cancer is one and there are others, but the definition is intended to catch the effect of the disability, rather than its name.
 
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Just out of curiosity is there an official government list anywhere of what conditions are considered a disability under the Equalities Act?

Its effectively defined by the disabled person.
Two people with exactly the same condition to the same degree, one can be disabled and the other not. In their own eyes.
 
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With Class one and severe they would need some where to store their insulin and a safe place to inject so could consider themselves disabled in some jobs i guess
 
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Managed well then may not be an issue for them. Not managed well - perhaps with no time / privacy at work to keep it under control - then it could be an issue.
Two of the women in the last general election had diabetes, one with type one diabetes. Unless you had read up on her however you would probably not know she had it. Perhaps even class it not as a disability for her.
 
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Actually, diabetes may be defined as disability, as the definition looks at the effect on the individual if they did not take treatment designed to help the condition. Type 1 diabetes, if not controlled by insulin injections, would have a substantial effect on a person's ability to undertake normal day to day activities (in this case, staying alive) so Type 1 diabetes is almost certainly a disability under the act and requires that an employer makes suitable arrangements to allow the employee to take their insulin, or anything else that is a necessary suitable adjustment.
 
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One of my employees is a type 1 diabetic. She has worked for me for over 20 years and has had no problem she just injects when she needs to whether it's at her desk or anywhere else and occasionally has to eat something. But I'm sure she doesn't consider herself disabled.
 
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Rank stupidity is a severe handicap! But sometimes, one can have fun with these people!

Originally Tony wanted to learn about the music biz, but in the end we had to physically throw him out. The very first time that I took him with me to a concert, he walked into a low-slung 2kW spotlight on a wind-up tower that was still at head height. It carried a centrally pivoted cross-beam holding about twelve such lights.

Petulantly, he pushed the spotlight away from himself.

"Bloody light!“ he whined. The whole beam swung round majestically in a full circle and the same spotlight caught Tony nicely in the back of the head, knocking him clean off the stage into the orchestra pit.

The same evening one of the stage fuses blew, so I told Tony to hold it down with his finger whilst I try the main switch again. There was an almighty flash and Tony flew across the green-room, crashing into a pile of chairs.

"Me arm!“ he whined, "I can’t feel me arm!“ I told him not to worry: we’ll try again.

"Use the other arm.“ I suggested. He did and flew across the room a second time.

He was only with us for three months, but I had a lot of fun with Tony!
 
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One of my employees is a type 1 diabetic. She has worked for me for over 20 years and has had no problem she just injects when she needs to whether it's at her desk or anywhere else and occasionally has to eat something. But I'm sure she doesn't consider herself disabled.

It is not a question of whether someone considers themselves disabled. It is a question of whether they fit the legal definition. Suppose you sold out to a new company who introduced a rule that no one, ever, may eat at their desks, or leave their desks during their shift. She could demand the right to do so under the equalities act because her need to do so arises from her 'disability'.
 
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We do have a no eating at work rule but we simply make an exception for her. It's better to let her eat than have her on the floor in a diabetic comma.
 
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We do have a no eating at work rule but we simply make an exception for her. It's better to let her eat than have her on the floor in a diabetic comma.
Then you are simply making a reasonable adjustment for someone with a disability.

The way some people on here are talking they imply that having a disability is something dreadful, not to be acknowledged. Whereas it is a simple fact of life that might need accommodating.
 
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It is not a question of whether someone considers themselves disabled. It is a question of whether they fit the legal definition. Suppose you sold out to a new company who introduced a rule that no one, ever, may eat at their desks, or leave their desks during their shift. She could demand the right to do so under the equalities act because her need to do so arises from her 'disability'.

And if they decide they are not disabled you will not get them admitting to fitting the legal very loose definition.
I was technically disabled from birth, was not classed as disabled for almost 3 decades then was classed that way for an allergy. By choice.
Have been through this multiple times with employers and on contract work.

These days I have other disabilities as many older people do get. They do get declared on paperwork that asks about disability but otherwise ignored.
A couple irrelevant to any job anyway.
 
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Then you are simply making a reasonable adjustment for someone with a disability.

The way some people on here are talking they imply that having a disability is something dreadful, not to be acknowledged. Whereas it is a simple fact of life that might need accommodating.

And in some instances a reasonable adjustment makes a big difference or the same adjustment elsewhere is unreasonable.

Having a disability is not nice. I am sure most of us would not want to be disabled at all. I say most as the one thing you cannot get disabled to do is agree on anything. :)
Accommodating one can be worse for another.
 
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