Occupational Health referrals.....ATOS

Lucee

ATOS, are just as shocking at their OH as they are elsewhere. My mother was referred by her employer due to the amount of time off she had.

She had a lot of problems with them, they just didn't understand her condition (it is quite rare) and failed to contact her specialist for clarification.

My mother definitely had a condition covered under the EA, but ATOS refused to confirm to the employer whether she did or didn't. In their report they just stated the facts, i.e the condition and how it affected my mother, the likelihood of recovery, how long she had suffered from the condition and how it might affect her in the future. It was up to the employer to decide whether it was classed as a disability for the purposes of the EA. ATOS firmly positioned themselves on the fence, their job was to provide the employer with the facts to make the decision themselves, along with some suggestions on how to make reasonable adjustments for her condition. Unfortunately as they didn't understand the condition the adjustments that were suggested actually put my mother at an even great risk.

In an attempt to understand how and why they had came to that conclusion she requested a copy of her OH records, and she received them - along with someone else's that worked for another company! Hospital records, personal details, the lot.

However, to answer your question regarding the EA, perhaps the attached link may help you to establish what is classed as a disability http://www.equalityhumanrights.com/uploaded_files/guidance_on_matters_to_be_taken_into_account_in_determining_questions_relating_to_the_definition_of_disability.pdf

Lucee x

Uncertain

Lucee wrote: »

It was up to the employer to decide whether it was classed as a disability for the purposes of the EA. ATOS firmly positioned themselves on the fence, their job was to provide the employer with the facts to make the decision themselves, along with some suggestions on how to make reasonable adjustments for her condition.

I'm no fan of ATOS but in what you describe above they acted correctly.

It is up to the employer to decide, they are the ones that have the liability if they make the wrong decision and a tribunal later finds against them.

Lucee

Hi Uncertain

In my original post I did not say that ATOS were incorrect in not making a decision regarding whether it was or wasn't a disability, in fact that was probably they only thing they did get right.

I was giving the OP an insight into what to expect, including the fact that it will not be ATOS that actually make the decision on whether they do or do not have a disability under the Equalities Act.

Lucee x

Yorkie1

In my case, ATOS advised that I would be likely to be covered by the DDA (as was), but that obviously it would be down to a court to determine conclusively. It would be a daft employer to go against that preliminary view.