Unconditional offer withdrawn due to time off due to disability related sickness

[Snyper86]

Dear Comunity

My sister is in the process of grievance against a potential employer who revoked an unconditional job offer after she accepted it.

My first questions if anyone can assist are these:

Her current HR provided a truncated list of sickness leave which specifically highlights a high portion of sickness over a 2 year period (mostly under two main periods) but did not include her previous 3 years history which would highlight this as the exception rather than the rule.

My sister has been diagnosed with Anxiety and depression since she was 16. The largest period of sickness was due to a flare-up of her Anxiety which triggered a flare-up of pain which has since been diagnosed as fibromyalgia.

Does this count as her current employer giving a bad reference?
I know this would come under Libel, but would it be actionable under the Employment Tribunal?
Would this be a breach of contract or a breach of the duties of care supplying deliberately misleading information?


Secondly, If the offer email subject line states unconditional offer, the letter filename states unconditional offer and the first paragraph of the letter states unconditional offer, can they rescind the offer by burying conditions within the T&C of the unconditional offer, or would the fact they have portrait the offer as unconditional give my sister the usual legal protections offered under a conditional offer being accepted?

Thanks in advance

[ULA]

It will depend over what period the prospective employer asked for your sister's sickness record. If this question is asked in a reference it is most common for the last 12 or 24 months to be requested not a period 5 years back.

Is the sickness record given in the reference accurate and what condition was recorded for the absences notified. Did your sister make her employer aware that she has been diagnosed with fibromyalgia?

Was your sister given a copy of the T&Cs at he same time as she was sent the unconditional offer. What is contained within the T&C's conditions that may have some bearing on the offer being rescinded?