5 replies to this topic

[diksav]

Hi I am a new member and am asking for advice on whether spinal stenosis is covered by the DDA 1995 and what section I need to look at.

A recent letter from my employer included a report from an occupational health company which stated that the DDA was better left to the courts and industrial tribunals so I guess they are looking at dismissing me becuase I have now been off work since june 2009.

Any help would be very appreciated

[bobm]

D

This is inward stuff;

I suggest you start with Adviceguide/civil rights/disability

And then look for a friendly Helpline.

Will do a bit of research myself and then come back.

[Lucydog]

Of course it will be covered if its causing your disability.

[greybeard]

If you are disabled, you are disabled. The cause doesn't matter.

[diksav]

Lucydog, on Nov 12 2009, 10:31 PM, said:

Of course it will be covered if its causing your disability.

bobm, on Nov 12 2009, 05:00 PM, said:

D

This is inward stuff;

I suggest you start with Adviceguide/civil rights/disability

And then look for a friendly Helpline.

Will do a bit of research myself and then come back.

many thanks

[bobm]

D

Disability is widely drawn in the Act and I suspect that the employer is unlikely to contest a claim of disability if you can show you have ongoing problems adversely affecting your ability to carry out day-to-day activities.

The problem is that dismissal on grounds of incapacity to do the job is potentially "fair" if the employer can show that he is treating the disbled person no differently from a non-disabled person who, for whatever reason, is unable to do the job.

This may sound a bit Alice-in-wonderlandish, but there is an example at page 36 of the DDA Code of Practice for Employment on the EHRC site

http://www.equalityh...oyment_code.pdf

My understanding is that there is recent case law on this which I cannot immediately find.

EHRC seems to have a helpline 0845 604 6610 and you might also try DIAL UK, or RADAR.

Good luck.