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Discrimination

Bailey35
Bailey35 Member Posts: 11 Listener
I am in a pickle here.     Discrimination arising from disability.

Could this apply being fit to work but waiting on adjustments AGREED to be put in place but only getting SSP? 


See here for intrest:

‘Discrimination arising from disability’ (s.15 EqA) is very wide. It is where a person treats a disabled person unfavourably “because of something arising in consequence of” the disability.

This involves two different causal links, “because of”, and something “in consequence of” the disability (below “Because of something arising in consequence of” the disability). The courts analyse whether both causal links are present. Even so the wording is wide. Also the disability-related reason need not be the only reason for the unfavourable treatment.

Taking from Stammeringlaw website- Accessed- 23/11/2021

Comments

  • Bailey35
    Bailey35 Member Posts: 11 Listener
    See here for intrest:

    ‘Discrimination arising from disability’ (s.15 EqA) is very wide. It is where a person treats a disabled person unfavourably “because of something arising in consequence of” the disability.

    This involves two different causal links, “because of”, and something “in consequence of” the disability (below “Because of something arising in consequence of” the disability). The courts analyse whether both causal links are present. Even so the wording is wide. Also the disability-related reason need not be the only reason for the unfavourable treatment.

    Taking from Stammeringlaw website- Accessed- 23/11/2021
  • Alex_Scope
    Alex_Scope Posts: 166

    Scope community team

    Hi @Bailey35 can I check what you mean here? 
    I am in a pickle here.     Discrimination arising from disability. Could this apply being fit to work but waiting on adjustments AGREED to be put in place but only getting SSP?

    Do you feel you are being discriminated against? Let us know if we can be of any help.
    Online Community Coordinator
    Scope

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  • mikehughescq
    mikehughescq Member Posts: 7,780 Disability Gamechanger
    Waiting to hear what the issue is.
  • Rosie2x
    Rosie2x Member Posts: 59 Connected
    Hiya, what's the issue you think is discriminating? As, not heard the whole point your trying to address!
  • Bailey35
    Bailey35 Member Posts: 11 Listener
    So sorry!

    My employer refuses to offer half pay/full pay as I await adjustments.     Access to Work have stepped in at last.  
    I was told if I am fit to work but not until the agreed things are in place to return I could argue the above grounds.   
  • mikehughescq
    mikehughescq Member Posts: 7,780 Disability Gamechanger
    Employer ought to offer disability leave on full pay for a period whete you can work but RAs are not in place.
  • Bailey35
    Bailey35 Member Posts: 11 Listener
    They are 100% surprised I am off.    Told them I need help.  Gp said fit to work with workplace adaptations .      Appears work only done a routine appointment for occupational health.     They can't make any adjustments until this- they are glued to occ health Dr has to speak to me.
      Made NO offer to talk about my issues and even see if its safe for my health to struggle on.
    Utter nightmare this and easy way would be to resign and getting temptng

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