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Lying to employer about medical history

Interesting, I've just seen this thread.
Contact DUK to see what they advise, and if they will advocate for you. You seem to have been unfairly discriminated against, providing you hold the correct driving licence, you cannot be denied equal treatment to those without any disability.
The Equality Act 2010 covers this in the UK.

You may also be able to take it further if they are in breach of the Act. Post back up if you do get an answer from DUK.
 
SunnyExpat said:
Interesting, I've just seen this thread.
Contact DUK to see what they advise, and if they will advocate for you. You seem to have been unfairly discriminated against, providing you hold the correct driving licence, you cannot be denied equal treatment to those without any disability.
The Equality Act 2010 covers this in the UK.

You may also be able to take it further if they are in breach of the Act. Post back up if you do get an answer from DUK.
Click to expand...

This was my first thought using cannot get insurance is not reason enough to deny a person with a disability a job, and it is entirely up to you if you consider yourself disabled, but if you then ask an employer to make changes for your disability then the problems start.
I personally don't think questions like this are entirely legal, it like asking for your race or ethnicity, if you are qualified for the job that is all that should matter
 
Shar67 said:
This was my first thought using cannot get insurance is not reason enough to deny a person with a disability a job, and it is entirely up to you if you consider yourself disabled, but if you then ask an employer to make changes for your disability then the problems start.
I personally don't think questions like this are entirely legal, it like asking for your race or ethnicity, if you are qualified for the job that is all that should matter
Click to expand...
It's legal to ask about relevant health or disability issues because they can affect health and safety on the job, for the employee and others. Also, the employer may be liable if they did not take steps to manage the issue or if it led to harm to anyone.
 
T
CatLadyNZ said:
It's legal to ask about relevant health or disability issues because they can affect health and safety on the job, for the employee and others. Also, the employer may be liable if they did not take steps to manage the issue or if it led to harm to anyone.
Click to expand...

They can ask after a job is offered, or if it would affect the job being offered, not before
Unless they are positively offering people with disabilities a guaranteed interview

https://www.gov.uk/government/uploa...ta/file/85013/employment-health-questions.pdf

Therefore Tesco broke the law and OP can make a claim
 
Surely the question here is whether it would affect the job being offered? If you are a tesco delivery driver you need to be fit and able bodied to load and unload the deliveries. It is therefore pertinent to ask whether you have a disability and what that is if it isn't going to affect your ability to do the job?
 
Shar67 said:
T


They can ask after a job is offered, or if it would affect the job being offered, not before
Unless they are positively offering people with disabilities a guaranteed interview

https://www.gov.uk/government/uploa...ta/file/85013/employment-health-questions.pdf

Therefore Tesco broke the law and OP can make a claim
Click to expand...

Under the heading of "Specific circumstances when questions about health or disability are allowed before a job offer"

3.To find out whether a job applicant would be able to undertake a function that is intrinsic to the job. An intrinsic function of a job is a function which, if it could not be performed, would mean that the job could not be carried out.

In this circumstance, it doesn't look like any law has been broken.
 
tim2000s said:
Surely the question here is whether it would affect the job being offered? If you are a tesco delivery driver you need to be fit and able bodied to load and unload the deliveries. It is therefore pertinent to ask whether you have a disability and what that is if it isn't going to affect your ability to do the job?
Click to expand...

It might be but everyone should be equal on paper, you should be able to at least get an interview without discrimination, and it is also up to an employer to make necessary changes to jobs if able to
Op is a driver and is able to do the job diabetes shouldn't be a problem, if he is well controlled he is no different from a non diabetic
 
ladybird64 said:
Under the heading of "Specific circumstances when questions about health or disability are allowed before a job offer"

3.To find out whether a job applicant would be able to undertake a function that is intrinsic to the job. An intrinsic function of a job is a function which, if it could not be performed, would mean that the job could not be carried out.

In this circumstance, it doesn't look like any law has been broken.
Click to expand...

The op has a valid driving licence, the dvla believes he can drive.
There isn't really much other intrinsic function of the job that couldn't be performed.

A great irony, considering Tesco's stance on diabetic support.
 
Just playing devils advocate! Wouldn't the insurance company be the discriminating party in this, and not Tesco's?? Tesco's can not employ a driver if they can't get insurance for him. But there is no valid reason for the insurance company to refuse him??? Sue x
 
The insurance company are decided by, and therefore simply agents of Tescos.
But both of them are at fault.
 
If an insurance company didn"t allow diabetics they also would be breaking the law and the insurance ombudsman would be very interested.
Op has a good claim against Tesco
 
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