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Disability discrimination ?
8 Answers
Do you have to be officially registered as Disabled to be covered by the Disability Discrimination Acts ?
My friend was designated as being 'virtually unemployable' after sustaining industrial injuries to both elbows.
She went for a job interview, was asked back and passed the aptitude tests and was this close to getting the job..................but didn't.
She made follow-up calls to the company and spoke to the very sympathetic woman who had interviewed her who expressed surprise that she hadn't been offered the job as she had recommended my friend for the position. After a few in-house telephone calls had been made and my friend had been 'phoned back by the interviewer it transpired that the company declined to offer her employment on the advice of their insurers due to her 'disabilities'.
How does this sit in the framework of disability legislation ?
My friend was designated as being 'virtually unemployable' after sustaining industrial injuries to both elbows.
She went for a job interview, was asked back and passed the aptitude tests and was this close to getting the job..................but didn't.
She made follow-up calls to the company and spoke to the very sympathetic woman who had interviewed her who expressed surprise that she hadn't been offered the job as she had recommended my friend for the position. After a few in-house telephone calls had been made and my friend had been 'phoned back by the interviewer it transpired that the company declined to offer her employment on the advice of their insurers due to her 'disabilities'.
How does this sit in the framework of disability legislation ?
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No, you don't have to be registered disabled - even forms of cancer and HIV are considered a disability under the Disability Discrimination Act.
The person on the phone to your friend was very naive in what they said. It would have been better, from their point of view, to have said nothing.
A company cannot simply not employ someone because of a disability, the least they must do is see what adjustments they can make to working practices etc to accommodate the person.
There are, of course, some jobs that people with certain disabilities cannot do but without knowing what the disability is and the job she was applying for it would be difficult to say if it fell within that category.
If she truly has been discriminated against then she should consider taking legal advice as it shouldn't happen.
The person on the phone to your friend was very naive in what they said. It would have been better, from their point of view, to have said nothing.
A company cannot simply not employ someone because of a disability, the least they must do is see what adjustments they can make to working practices etc to accommodate the person.
There are, of course, some jobs that people with certain disabilities cannot do but without knowing what the disability is and the job she was applying for it would be difficult to say if it fell within that category.
If she truly has been discriminated against then she should consider taking legal advice as it shouldn't happen.
there is no such thing as "registered disabled" - where would you think this register would be held, and who would go on it?
the disability discrimination act says : The DDA describes a disabled person as 'anyone with a physical or mental impairment, which has a substantial and long-term adverse effect upon their ability to carry out normal day-to-day activities'. This is meant to be a fairly wide definition and includes:
physical impairment � this includes weakening or adverse change of a part of the body caused through illness, by accident or from birth.
mental impairment � this can include learning disabilities and all recognised mental illnesses.
substantial - this does not have to be severe, but is more than minor or trivial.
long-term adverse effect � that has lasted or is likely to last more than 12 months.
a normal day-to-day activity � that is, one that affects one of the following: your mobility; manual dexterity; physical co-ordination; continence; ability to lift, carry or otherwise move everyday objects; speech, hearing or eyesight; memory or ability to concentrate, learn or understand; or perception of the risk of physical danger. It does not include the ability to work because no particular form of work is 'normal' for most people
the disability discrimination act says : The DDA describes a disabled person as 'anyone with a physical or mental impairment, which has a substantial and long-term adverse effect upon their ability to carry out normal day-to-day activities'. This is meant to be a fairly wide definition and includes:
physical impairment � this includes weakening or adverse change of a part of the body caused through illness, by accident or from birth.
mental impairment � this can include learning disabilities and all recognised mental illnesses.
substantial - this does not have to be severe, but is more than minor or trivial.
long-term adverse effect � that has lasted or is likely to last more than 12 months.
a normal day-to-day activity � that is, one that affects one of the following: your mobility; manual dexterity; physical co-ordination; continence; ability to lift, carry or otherwise move everyday objects; speech, hearing or eyesight; memory or ability to concentrate, learn or understand; or perception of the risk of physical danger. It does not include the ability to work because no particular form of work is 'normal' for most people
Well, bednobs, if I had more information in my possession, perhaps I would not have needed to post the question, non ?
I meant 'disabled' as in receipt of a 'DSS disability allowance' of some nature, or having a 'blue badge' or having a 'carer' or the fact registered with DWP that my friend has knackered elbows which whilst severely restrictive on the nature of employment she can undertake, don't actually entitle her to any type of help.
I have slipped discs but presumed that I would have trouble claiming 'disability discrimination' in MY situation; in our discussions my friend and I have compared our infirmities and I thought that she may be on slightly firmer ground with her troubles.
I meant 'disabled' as in receipt of a 'DSS disability allowance' of some nature, or having a 'blue badge' or having a 'carer' or the fact registered with DWP that my friend has knackered elbows which whilst severely restrictive on the nature of employment she can undertake, don't actually entitle her to any type of help.
I have slipped discs but presumed that I would have trouble claiming 'disability discrimination' in MY situation; in our discussions my friend and I have compared our infirmities and I thought that she may be on slightly firmer ground with her troubles.
the problem with your definition of disabled is that there are lots of people (such as your friend by the sound of it) who wouldnt get a blue badge (mobility not affected) dosent have a carer (not needed) or entitled to benefits (not "ill|" enough/can still do some sort of work) and so therefore wouldn't qualify. I would doubt that the dwp keeps registered records on people who apply but dont qualify for benefits. Therefore the dda descriprion is a lot better base to use. to work out hwether the dda applies to you and your friend.
I've been trying to compose an answer to your question but I've decided that, without greater knowledge of our friend's medical condition and the insurers' concerns, I can't really offer a useful opinion.
Instead, I'll simply direct you to the relevant legislation which states both the employers' duties and the possible 'get out' clauses which might apply:
http://www.opsi.gov.uk/acts/acts1995/95050--b. htm#4
Chris
Instead, I'll simply direct you to the relevant legislation which states both the employers' duties and the possible 'get out' clauses which might apply:
http://www.opsi.gov.uk/acts/acts1995/95050--b. htm#4
Chris
She doesn't mind if I elaborate a little so here goes...........
She suffers from bi-lateral epichondylitis (tennis elbow in both arms to you and me) she has had operations on both arms, called a 'tennis elbow' release, neither of which was successful. She now has constant pain, and a huge amount of things that you and I would take for granted could her significant pain - carrying a newspaper, opening heavy doors, operating a computer mouse, washing her hair .........
The job itself was that of a Tram driver (no wheel to turn !!) with occasional points changes of the rails, and when not driving collecting the passenger fares.
We believe that the insurers may have declined on the grounds that she successfuly sued her former employers (settlement just before the court date) over the damage she suffered to her elbows.
She has also found it difficult to secure other jobs she is eminently suitable for and now is starting to believe in a conspiracy theory against her orchestrated by the faceless 'insurers'.
Can I thank everyone who has responded to this thread. Whether she takes it further remains to be seen but at least you have all provided her with some feeling of justification for her feelings on this matter :o)
She suffers from bi-lateral epichondylitis (tennis elbow in both arms to you and me) she has had operations on both arms, called a 'tennis elbow' release, neither of which was successful. She now has constant pain, and a huge amount of things that you and I would take for granted could her significant pain - carrying a newspaper, opening heavy doors, operating a computer mouse, washing her hair .........
The job itself was that of a Tram driver (no wheel to turn !!) with occasional points changes of the rails, and when not driving collecting the passenger fares.
We believe that the insurers may have declined on the grounds that she successfuly sued her former employers (settlement just before the court date) over the damage she suffered to her elbows.
She has also found it difficult to secure other jobs she is eminently suitable for and now is starting to believe in a conspiracy theory against her orchestrated by the faceless 'insurers'.
Can I thank everyone who has responded to this thread. Whether she takes it further remains to be seen but at least you have all provided her with some feeling of justification for her feelings on this matter :o)
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