Taking DWP-UC and or their contractor to court for disability discrimination: your thoughts?

flatmovebenefits

See my letter to DWP, (personal information removed) and let me know your thoughts on this matter? I don't want to be subjected to this traumatic loop of abuse on the phone. Has anyone else with mental health Autism, OCD, Panic disorder, severe Anxiety taken or considered taking this cause of action? I have no intentions of making a complaint that goes nowhere. I have found throughout the years that unless you take court action you'll get ignored.

To: DWP Complaints – Universal Credit

Subject: Formal Complaint – Failure to Make Reasonable Adjustments, Harassment, Related Service Failures, and Worsening of Mental Health (UC Ref: ****….) – Legal Basis Attached

Date: 04 October 2025

Claim details

UC Claim Ref: ****….

NI: ****…

Preferred contact: Email only (no phone calls, no text messages, no post)

Dear Complaints Team,

1) Summary of the complaint

I am making a formal complaint about repeated failures to respect my disability-related communication needs, distressing and intrusive phone contact, threats of in-person contact, and related decision-making risks on my case. These actions have caused significant distress and disrupted my ability to manage my claim safely.

2) Background

I migrated from ESA Support Group to Universal Credit on 3 October 2025 via Managed Migration.

My ESA award letter dated 13 February 2025 confirmed £244.65 per week, including the Severe Disability Premium (SDP).

I expect UC to reflect equivalent protection through LCWRA from day one and Transitional Protection, including the SDP transitional element.

Activity/earnings: I am not employed and not self-employed. I undertake very limited, therapeutic writing activity for rehabilitation with £0.00 earnings. This is not gainful self-employment. I will report any actual net income if and when it arises.

3) What has gone wrong

Reasonable adjustments ignored. Despite clear requests for no telephone and no texts and for written-only communication, I was repeatedly contacted by phone/text.

Forced phone route that violated my adjustments. DWP correspondence did not provide any email address and instructed me to telephone. This forced me against my will into a phone-only route. When I attempted to comply using accessibility tools, I was trapped in an automated phone loop (IVR), which prevented progression to written handling and directly breached my adjustments.

Systemic exclusion via IVR. The IVR system constitutes a systemic barrier that excludes disabled claimants from safe access to services and violates the anticipatory duty under the Equality Act 2010 to remove barriers in policies, practices, and systems.

Distressing/harassing contact and forced disclosures. I was required to repeat sensitive personal information to multiple agents; calls were intrusive and hectoring; some were abandoned/dropped.

Threats of home visits/mandatory attendance. I was told to expect home visits or to attend the Jobcentre despite my documented adjustment needs and distress.

Decision-making risk. There remains a risk of misclassifying my therapeutic activity as gainful self-employment and applying the Minimum Income Floor (MIF) even though my earnings are £0 and the activity is non-commercial.

Contractor conduct. Much of the poor contact occurred via the UC helpline (Teleperformance). I understand DWP is responsible for contractors’ acts on live cases.

4) Impact

Worsening of my mental health (medically evidenced): your contact practices and refusal to honour adjustments have aggravated my conditions, causing heightened anxiety, sleep disturbance, and relapse of symptoms. I will rely on medical evidence to demonstrate the deterioration and its causal link to DWP’s conduct, including adjustment breaches, phone/text contact, and IVR trapping.

Loss of time and disruption to my therapeutic routine.

Reduced capacity to engage in safe, paced activity.

5) Legal framework (for the investigation)

Equality Act 2010:

s.20–21 – failure to make reasonable adjustments (written-only route; no calls/texts; providing a viable email channel rather than phone-only).

s.26 – harassment: unwanted conduct related to disability creating a hostile/degrading environment.

s.15 – discrimination arising from disability: unfavourable treatment because of disability-related needs (e.g., insisting on phone-only processes/IVR).

s.19 – indirect discrimination: blanket PCPs (phone/attendance) put disabled people at particular disadvantage without adequate justification.

s.27 – victimisation: any detriment after I raised discrimination concerns.

s.109 – vicarious liability: DWP liable for Teleperformance’s acts on the UC helpline.

s.149 – Public Sector Equality Duty (PSED): duty to have due regard to removing barriers/advancing equality.

ECHR (via HRA 1998): Article 8 (respect for private life/dignity). Article 3 (inhuman/degrading treatment) reserved where severity is shown.

Personal injury (psychiatric injury): I also intend to pursue a common-law personal injury claim for psychiatric harm caused and/or aggravated by the conduct complained of, in addition to Equality Act damages for injury to feelings.

Illustrative authorities: FirstGroup v Paulley [2017] UKSC 4; Archibald v Fife [2004] UKHL 32; R (Bracking) v SSWP [2013] EWCA Civ 1345; City of York v Grosset [2018] EWCA Civ 1105; Pieretti v Enfield [2010] EWCA Civ 1104.

6) Limitation (time limits)

Under Equality Act 2010, s.118, I have six months less one day from the date of the act complained of to bring a County Court claim. Where there is a continuing course of conduct, time runs from the last act in the series. Each new breach (e.g., any further phone/text contact, refusal to provide an email route, or IVR trapping) will start time running again.

(For personal injury, the general limitation period is three years from the date of injury or date of knowledge.)

7) Outcomes sought

A. Record & confirm my adjustments (with marker ID).

No telephone and no text messages.

Written-only communication via email (no post).

Extra time to respond in writing.

For urgent matters: email only (do not call or text).

Please confirm the Reasonable Adjustment marker ID and what staff must do if it is breached (stop calls/texts; use email only; do not close/sanction for non-phone contact).

B. Put my award on the correct footing.

Confirm LCWRA from day one (carried over from ESA Support Group) and add/backdate it if missing.

Apply Transitional Protection, including the SDP transitional element.

Provide a full calculation (standard allowance, LCWRA, housing, TP/SDP TE, and TP erosion note).

C. Confirm decision: not gainfully self-employed / disapply MIF.

Written decision that my current activity is not gainful; MIF disapplied unless circumstances change.

I will report any actual earnings if/when they arise.

D. Investigate and prevent recurrence.

Investigate the repeated phone/text contact, the absence of an email route on letters, and the systemic IVR barrier that forced me into phone contact against my adjustments.

Confirm actions with staff/contractor to prevent recurrence (guidance/training; ensure future letters include a compliant email route for me).

E. Service recovery.

Written apology.

Consider financial redress under the DWP complaints policy.

8) Evidence and chronology (available on request)

I can provide notes of my adjustment requests; call/SMS logs (dates/times); and copies of letters that omitted any email address and instructed telephone contact.

9) Escalation and legal intent

This complaint forms part of a wider Equality Act 2010 claim already in preparation. I have issued formal legal notice to DWP regarding multiple breaches, including failure to make reasonable adjustments, harassment, and injury to feelings. If this is not resolved promptly, I will issue proceedings in the County Court without further notice. Once proceedings are active, any further breaches—including unwanted phone/text contact, failure to provide/accept an email route, or IVR trapping—will be included in my claim as continuing acts and/or by amendment. In addition to Equality Act damages, I intend to pursue a personal injury claim for medically evidenced psychiatric injury, causally linked to DWP’s conduct. I am not pursuing soft escalation routes; I am pursuing enforceable legal remedy.

10) How to reply

Please acknowledge this complaint and provide a full written response within 14 days by email only. Do not contact me by phone, text, or post. I do not have an online journal set up.

Yours faithfully,

***…

Preferred contact: Email only (no phone, no texts, no post)

This complaint is submitted with full legal standing and expectation of rights-compliant handling under the Equality Act 2010 and Human Rights Act 1998.

……………………………………

Dear Teleperformance / Universal Credit Contractor,

I am writing to formally place your organisation on notice that I intend to issue a County Court discrimination claim under the Equality Act 2010 for multiple breaches, including failure to make reasonable adjustments and injury to feelings.

Today, 3 October 2025, I received a letter referencing Universal Credit migration (Ref: ***…), instructing me to make a claim by 21 November 2025. The letter states that a prior letter dated 7 August 2025 was sent to me regarding migration from ESA. I did not receive any such letter.

Upon contacting 0800 169 0328 today, I provided my personal details to an agent who then transferred me to an automated service. After repeating my details, I was connected to a male agent who abruptly ended the call. I called back to raise a complaint and reiterated that I do not wish to communicate by phone due to my health conditions. I requested email communication as a reasonable adjustment under Section 20 of the Equality Act 2010. This request was refused.

On my second call, a female agent assured me that pressing option 2 would connect me directly to someone. I trusted this assurance, but was again routed to an automated service, forced to repeat my personal information, and eventually connected to an agent named ***…. After providing extensive details, the call was cut off.

At 14:17, I received a text message warning me to call Universal Credit again or risk losing money. This caused further distress. I called again and was connected to an agent named ***…, who spoke to me in a harsh and dismissive manner. When I asked what support she could offer, she responded rudely and transferred me back to the automated system. I was again forced to repeat my details and was connected to an agent named ***….

I requested reasonable adjustments again—specifically, to communicate by email due to the symptoms of my condition. ***… refused. I asked to speak to a manager. He said none were available but offered to arrange a call on 6 October 2025. I explained that I have a hospital appointment that day and, due to my disability, require a scheduled time for any call. I requested that the manager contact me by email and offered to provide my email address. ***… refused and stated that email contact was not an option. He also claimed there is no Universal Credit email address or that he could not provide one.

This entire process has consumed half my working day. As a permitted self-employed individual, this has caused financial loss and will continue to impact my mental health and ability to work. I have suffered multiple breaches of the Equality Act 2010 in a single day, including repeated failures to make reasonable adjustments and disregard for my disability-related communication needs.

I intend to claim for injury to feelings in the middle Vento band, as well as for loss of future potential earnings. I will not tolerate being subjected to this distress repeatedly. ***… statement that Universal Credit can text me whenever they choose and that I must call them “like a slave” was particularly degrading and unacceptable.

I retain full documentation and evidence of all incidents described above. You are now formally on notice of my intention to pursue legal action.

Legal Basis

•     Equality Act 2010, Section 20 – Duty to make reasonable adjustments

•     Section 21 – Failure to comply with the duty constitutes discrimination

•     Section 149 – Public Sector Equality Duty

Supporting Case Law

•     Finnigan v Northumbria Police [2013] EqLR 604 – Failure to provide alternative communication methods amounted to discrimination.

•     Project Management Institute v Latif [2007] IRLR 579 – The duty to make reasonable adjustments is anticipatory and must be considered proactively.

•     Royal Bank of Scotland v Allen [2009] EqLR 840 – Failure to provide accessible services constituted unlawful discrimination.

I require a written response to this notice and the issues raised within 14 days, and this response must be provided by email. If I do not receive a satisfactory reply, I will proceed with issuing a County Court claim without further notice.

Yours sincerely,

***…

PracticeWotUPreach

Hi @flatmovebenefits

I’m so sorry you’ve had to deal with all that — it sounds incredibly distressing, especially when you’ve been clear about your communication needs.

Your letter is really strong and clear. I can see why you’d want proper accountability rather than being stuck in phone loops again.

You could try the Equality Advisory and Support Service (EASS) — they’re great with Equality Act and DWP issues:

www.equalityadvisoryservice.co

You might also copy your letter to your MP — sometimes that gets a quicker response.

Please keep us posted. You’ve shown a lot of strength standing up for yourself.

PuppyMad

I truly wish you all the best. Good on you. Xx

tealhoneydew16

well done I'm sorry you have been treated this way it's good to see people doing this I wish you all the best of luck I'm sure your case will do so lots of good points added in there with actual dates and what happened

good for you and good luck

flatmovebenefits

To: UC Work Coach / Interview Manager

From: ****

NI Number: ****

Date: ?? October 2025 (appointment date)

Subject: ESA Support Group history, disability impact, adjustment requests, and legal obligations under EA2010, HRA1998, UK GDPR, and Protection from Harassment Act 1997

Attachments:

• ESA Support Group decision letter

• Letter Before Claim (GLD)

• Three months gas and electric bills

• Three months bank statements

• Copy of passport ID

• All prior emails sent to DWP regarding UC

Formal Statement for UC Record

1. Background and Status

I migrated from ESA Support Group to Universal Credit at DWP’s invitation. ESA Support Group status reflects long-standing recognition of substantial functional limitations. Under UC, this corresponds to LCWRA (Limited Capability for Work and Work-Related Activity). I do not consent to any work-search or work-related activity. My UC Commitments must reflect no work-related requirements.

2. Adjustment Requests – Mandatory Under EA2010

These adjustments are required under the Equality Act 2010. Failure to apply them constitutes unlawful discrimination and will be treated as a breach of statutory duty.

A. Communication Adjustments

• Communicate via email only

• I do not consent to phone calls, texts, or digital journals

• Allow reasonable notice and extra time to respond

• Provide the direct email address of the Jobcentre manager (not a generic inbox)

→ Email this address to ****

B. Appointment Format

If in-person attendance is imposed, the following adjustments are mandatory:

• No waiting in queues or public areas

• No noisy environments—must be quiet, low-stimulus, and distraction-free

• No rushing or talking over me—allow time for processing and response

• No group sessions or role-play activities

• Permit a supporter to attend

• Allow breaks as needed

• Respect use of dark glasses due to sensory sensitivity

• If I do not understand something, I may request that the interviewer place it in typed writing so I can read and try to understand it—this is necessary due to my disabilities, which affect verbal processing and cognitive clarity

• No dust in premises—due to skin conditions and respiratory sensitivity

• No chemicals or irritants in the air or on surfaces—I experience breathing difficulty, coughing, and symptomatic flare-ups when exposed to cleaning agents, fragrances, or other reactive substances

• Private interview room required—no shared desks or open-plan spaces

• No decisions to be made during the appointment unless I’ve had time to review them in writing

• Minimum 7 days’ written notice for any appointment, with purpose and format clearly explained

• Any hard copy paper handed to me must be printed on lilac coloured paper in large print—this adjustment is already in place with DWP and must be honoured without exception

C. Procedural Safeguards

• Set Reasonable Adjustment Flag on my record

• Set Vulnerability and Safeguarding markers

• Assign a single named point of contact

• Provide written minutes after any contact or decision

• Provide written confirmation of all adjustments, including marker ID and staff protocol

• If a new Work Capability Assessment (WCA) is required, refer me now

→ Paper-based WCA preferred due to documented limitations

→ Use existing ESA Support Group evidence already on file

D. Housing Protection

• If there is any risk to rent continuity, initiate an Alternative Payment Arrangement (Managed Payment to Landlord) immediately

3. Declared Conditions and Functional Impact

I have multiple disabilities and health conditions that substantially affect my ability to engage with work-related activity, verbal communication, and procedural environments. These conditions are either documented in my GP records or evidenced independently. If any are not yet formally recorded, this does not mean they do not exist—I experience the symptoms and have supporting evidence if required.

Neurodevelopmental / Cognitive

• Autism Spectrum Condition (Asperger-type traits)

• ADHD — possible, awaiting assessment

• Dyslexia — slow reading/decoding, visual stress, tracking issues, difficulty reading handwritten text (including my own); difficulties with reading, writing, spelling, short-term memory, structure and length of written work

• Executive dysfunction — planning, sequencing, working-memory load

• Sensory Processing Disorder — noise/light/crowd sensitivity; overload

Mental Health

• Generalised anxiety (severe)

• Panic disorder

• Depression

• Obsessive–compulsive disorder (OCD)

Sensory / Visual / Auditory

• Astigmatism (refractive error)

• Irlen syndrome / visual stress & light sensitivity — benefits from tinted lenses and purple paper

• Right-ear hearing difficulty and auditory processing issues

• I am hard of hearing and require adjustments for verbal communication

Neurological / Physical

• Migraines and fatigue

• Inner-ear dizziness / vestibular issues

• Arthritis

• Frozen shoulder — reduced range of motion

Skin / Digestive

• IBS

• Skin conditions

These conditions are relevant to all adjustment requests, including my right to wear dark glasses, request typed clarification during interviews, and avoid rushed or pressured environments.

Universal Credit under DWP either knew or ought reasonably to have known about these conditions. I have declared them repeatedly, and they are reflected in my ESA Support Group history, prior correspondence, and attached evidence. This triggers DWP’s legal duty to anticipate, record, and implement reasonable adjustments under:

• Equality Act 2010 s.20, s.21, s.149

• Human Rights Act 1998 Art.3 and Art.8

Failure to act on known or foreseeable disability-related needs constitutes unlawful discrimination and procedural harm.

4. Consequences of Non-Compliance

Any symptoms triggered by forced attendance—panic attacks, cognitive overload, verbal outbursts—will be treated as a direct consequence of DWP’s decision to override my adjustments. These outcomes are foreseeable, medically documented, and legally attributable.

5. Outstanding Breaches and Risks

• LCWRA not confirmed from ESA despite eligibility

• Transitional Protection not applied (SDP element missing)

• Risk of misclassification as gainfully self-employed—my activity is therapeutic, not commercial

• Adjustment marker not confirmed—no marker ID or staff protocol provided

• Conditionality risks despite LCWRA—no assurance that therapeutic activity won’t trigger reassessment

• No written decisions or appeal rights—obstructs legal remedy and causes symptomatic harm

• Unsolicited calls and texts—triggered panic attacks and violated declared adjustments

• Unlawful use of my phone number—constitutes harassment and data breach

• Cumulative coercion and procedural pressure—forced contact, rushed scheduling, and disregard for declared adjustments

• Coercive call from Dan—pressured me to agree to vague “work plan activities” despite known harm and prior warnings

→ I did not agree to anything. I stated clearly: “I cannot agree to what I cannot see.”

→ No activities were presented or explained. The call triggered anxiety and cognitive overload

• Past exclusion from a Jobcentre—now being forced to attend another site under duress

6. Legal Breaches and Statutory Violations

Equality Act 2010

• s.20 – Failure to make reasonable adjustments

• s.21 – Discrimination arising from disability

• s.26 – Harassment

• s.27 – Victimisation

• s.15 – Discrimination arising from disability

• s.149 – Public Sector Equality Duty

Human Rights Act 1998

• Art.3 – Degrading treatment

• Art.8 – Respect for private life

UK GDPR / Data Protection Act 2018

• Art.6 – No lawful basis for continued phone contact

• Art.5(1)(a) – Lack of fairness and transparency

• Art.21 – Right to object to processing for direct contact

• s.96 DPA 2018 – Breach of data subject rights

Protection from Harassment Act 1997

• Repeated, unwanted contact and psychological pressure causing alarm and distress

7. Evidence Provided / Available

• ESA Support Group decision letter (attached)

• Proof of address – three months of gas and electric bills (attached)

• Three months of bank statements (attached)

• Copy of passport (attached)

• All prior emails sent to DWP regarding UC (attached)

• Fit notes (MED3): not required unless UC requests them in writing via email

• Prior DWP correspondence acknowledging Support Group status

• Letter Before Claim under Pre-Action Protocol for Judicial Review (attached)

• Email to DWP Operations (04 October 2025) requesting LCWRA carry-over, Transitional Protection, and adjustments

8. Confirmation Requested Within 10 Working Days

Please confirm in writing that:

• This statement has been added to my UC record

• Work-related requirements are switched off (LCWRA)

• All listed adjustments have been recorded and will be followed

• All communications will be by email only, with reasonable notice and extra time allowed

• Reasonable Adjustment Flag and safeguarding markers are active

• WCA referral (if required) will be paper-based and use existing ESA evidence

• Housing protection via Managed Payment to Landlord will be initiated if needed

• The direct email address of the Jobcentre manager has been sent to ****

• Any hard copy paper handed to me will be printed on lilac coloured paper in large print, as already recorded by DWP

9. Urgent Financial Safeguarding

I currently have limited funds under £100, with essential bills and direct debts due imminently. Any delay in payment or processing will cause further distress, symptomatic harm, and financial consequences. This includes risk to housing, utilities, and basic subsistence.

I request that funds be arranged and paid into my bank account without delay. Leaving me without access to essential funds would be unlawful, discriminatory, and in breach of:

• EA2010 s.15 and s.20 – Discrimination and failure to accommodate disability-related financial vulnerability

• HRA1998 Art.3 and Art.8 – Risk of degrading treatment and interference with private life

• Public Sector Equality Duty (s.149) – Failure to anticipate and mitigate disproportionate impact on disabled claimants

Please confirm that no delays will occur, and that any pending payments will be released immediately to avoid further harm.

10. Medical Boundaries, Mental Health Safeguards, and Written Record Protocol

• If the Work Coach or Manager is not medically qualified, they must not ask me to explain or justify my health conditions, nor make assumptions about my capacity, symptoms, or limitations

• I am mentally ill, and cannot be expected to give full verbal replies on the spot—especially for complex matters such as how my conditions affect me

• I have already provided ample evidence, been assessed, and qualified for ESA Support Group, which reflects the severity of my limitations

• Universal Credit must provide a written explanation of how its benefit structure or conditionality differs from ESA, and why any reassessment or procedural change is being considered

• Everything said during any meeting—by staff or by me—must be placed in writing and emailed to me. This includes verbal statements, decisions, questions, and responses

• This written record is essential for accessibility, legal clarity, and procedural protection

Signed:

****