too ill too attend medicals

Dear Sue.
ATOS healthcare headline Claiments Q&A paragraph number 15,
Q. Can a customer have a home visit?
A. Yes, however, they may need to provide medical evidence from their GP to confirm they are not able to travel to an assessment centre.
My answer to your question would be to ring the dept. of Work and pensions, Atos or both, and tell them the information above. If you do not recieve a satifactory answer from them, tell them you are going to go to your MP as they are not following their own guidelines. You may also use this against them at a tribunal.
I have alot more information that I am working on regarding ATOS medicals including the Malcolm Harrington report from Oct 2010. I have also emailed Chris Grayling (minister for employment) regarding Atos.
After you have phoned the DWP and ATOS. follow this up with an email so you have it in writing. Ask them to reply by letter or email.
In a past job working at the post office I worked in employment law for 20 years and I am now a full time carer for my wife and have had to take on Atos already. I am willing to do so again.
If you require any help get in touch. Peter Clive

Steve Donnison is correct regarding “failure to make a reasonable adjustment” and in addition to this there is a new section under the Equality Act 2010 that was not within the previous DDA which is “Discrimination arising from disability” which once established equates to unlawful “Direct Discrimination”. In your case it is reasons related to your disabilities that would impede your ability to attend a medical, clearly you are at a substantial disadvantage and should they stop your benefits then this becomes a further detriment to you.

If you appeal Sue, I hope you will also find the strength and courage to seek further legal advice about making a disability discrimination claim via the county courts. You may well have to be assertive and firm to get there but the most important thing to aim for is a “formal declaration of discrimination” of which only a County Court Judge can give. Then of course there is compensation and damages of which the Judge will award between £1,000 to £5,000 per incident plus damages, injury to feelings etc.

It won’t be easy but I really believe you could have a case. I read recently that in a 10 year period there were over 50,000 employment disability discrimination claims via employment tribunal but for the same period there was under 100 (Yes under one hundred) claims for Non employment discrimination cases via county court.

I am wary of CAB as many sites link to CAB regarding advice for disability discrimination cases but not once have I found a case where CAB actually initiate a case for discrimination via country court. There must be a dubious and unsavoury reason for this.

Should you approach solicitors then be aware of “Unlawful discrimination in relation to services” Many will unlawfully fob you off in its many guises but it is unlawful to do so under the Equality Act 2010.

Finally don’t be to scared or intimated by “Judges” as for claims of discrimination under the Equality Act the Judges have to appoint a discrimination expert to advice/guide the actual Judges.

Hope this helps and best of luck Sue.

Ps TOGGLEUK I will reply to you soon.

I actually asked my G.P. about support for a home medical a few days ago. (if and when I have to have one)

He said it would be hard to get one as I was not "Housebound".

I told him this was not the criteria, and told him of my severe mobility issues,risk involved and resonable adjustments. It was clear he didn't "get it"

He said he would do his best, however it was clear he was "parroting" the ATOS speel.

I am now going to write to him, very nicely and inform him of Equalities Act regs etc, to put him straight.

Thanks King Al for the info.

bro58

Hello King Al,

I am very interested in your comments in general and today, specifically:

am wary of CAB as many sites link to CAB regarding advice for disability discrimination cases but not once have I found a case where CAB actually initiate a case for discrimination via country court. There must be a dubious and unsavoury reason for this.

Should you approach solicitors then be aware of “Unlawful discrimination in relation to services” Many will unlawfully fob you off in its many guises but it is unlawful to do so under the Equality Act 2010.

1. Would you please elaborate on the first paragraph and your thoughts as to why CAB would never initiate a case.

2. Please would you clarify "...will fob you off in its many guises"

My reason for asking is that I expect at some point to require the help of CAB/solicitors and now wonder about them in terms of being helpful.

Thank you so much for taking the time - if you do. Thanks either way.
cmarie

The CAB wouldn't initiate a court case because it is not part of what the CAB does. The CAB provides advice, not representation through the county courts.

A parallel would be employment tribunals. It is part of the CAB training to advise clients on these, but the CAB does not bring cases as it is not part of the service it provides.

The CAB provides limited representation services and these would not be in the context of a court where proceedings must be brought either by the claimant or by a solicitor or barrister representing them.

Survivor,

Even though CAB do not actually represent you, but only advise, as you correctly say.

A relative of mine to a case to CAB re DDA/ Unfair Dismissal, they said they would have to refer to a solicitor because of his mental health issues, and they did and it was free, and he won his case.

Unfortunately he is suffering virtually the same again, 9 years later, and again CAB are refering him to a solicitor.

So even though they don't actually represent you themselves, you do get representation through them.

bro58