Hi All,

I would like advice or opinions on how to handle a situation where a candidate is put through a pre-employment medical and is deemed a risk based on a previous injury and the likelihood of aggravating it further, thus meaning we are unable to offer him employment.

We have in no way offered him a position but it is fairly obvious that we were waiting on the medical before going to references and then would have proceeded offer.

When discussing with him we stated that we felt unable to provide a safe working environment and so will not be offering employment at this time. He has not taken this particularly well to the point of feeling aggrieved and has been using terms such as discrimination.

My question is - could we be seen to have discriminated? The role is a trades position (we're oil&gas) and to avoid discrimination in the first place we didn't put in the advert that the person needs to be fully mobile or fit.

Interested to hear everyone's thoughts.

Thanks,

Toby.