Definition of disability

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Need some advice for a good friend of mine that is getting SDA does that mean that his employer should make adjustments for his disability.


:T

zzzLazyDaisy

SDA and medical conditions that meet the criteria for disability under the Equality Act 2010 are two separate things. So no, one doesn't necessarily follow the other.

http://odi.dwp.gov.uk/docs/wor/new/ea-guide.pdf

We need more information about:

• his medical condition & the effect on his ability to carry out day to day tasks
• What his job is
• what his difficulties are at work
• what adjustments he would consider reasonable
• the size of the employer (what is reasonable for Tescos wouldn't necessarily be reasonable for a corner shop)

(As an aside, afaik SDA is only paid to people on IS who are too sick to work, and those people will shortly be migrated over to ESA(IR) so it is difficult to see how someone can be on SDA and also be in employment - other than permitted work.... do you mean DLA?)

daveboy

It must be DLA.

I have exactly the same situation with regard to an impairment/disability I have, and whether it actually falls under the Equality Act as a disability. Although my medical condition is not serious enough for me to qualify for benefit.

I have written to my MP on the matter - as the Equality Act created an issue for me, as my issue was covered directly under the Disability Discrimination Act 1995.

The Equality Act didn't really help in my opinion as it leaves too many things open to interpretation. The list of capacities disappeared which were in the DDA leaving a lot of people wondering where they stand.

Take a look at this link: http://www.direct.gov.uk/en/DisabledPeople/RightsAndObligations/DisabilityRights/DG_4001068

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He is getting SDA he was off employment for a while and he claimed it then, afaik he is allowed to work on this benefit.

ohreally

Ultimately an employment tribunal wil

l determine this.

What is the actual problem?

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ohreally wrote: »

Ultimately an employment tribunal will determine this.

What is the actual problem?

Therefore an employee has to take employer to a tribunal for them to determine whether there is a disability and for adjustments to be made.

Does anyone know how long it takes to make a tribunal claim and can employer make working life hell after such a claim.

:T

Googlewhacker

How long is a piece of string, a tribunal could take only a few months or on occasion has taken years, apparently they are stressful for those that currently do not work for the employer anymore so I would suspect one like ur 'friend' would be more stressful and I would not expect the employer to be happy about being taken to a tribunal!

zzzLazyDaisy

A tribunal is a long way down the line.

The first thing to do is to approach the employer and ask for reasonable adjustments to be made to accommodate the disability. If this is a large employer, there will be a HR department, and probably an OHA, so start there.

But you have to establish that the illness/injury/impairment amounts to a disability under the EA 2010. Someone who has been off sick for a long time may be entitled to SDA, but that does not necessarily mean that the illness amounts to a disability for the purposes of the Act.

However, SDA is only paid in connection with income support.

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Disabledpeople/DG_10018894

It is possible to do some work while in receipt of SDA but the rules are complicated and he should be very careful to notify the job centre, and get their permission before starting work as if he breaks the rules he will lose his benefit, and SDA is no longer available, so once lost, can never be reclaimed.

http://www.disabilityalliance.org/f35.htm

Horace

Approach Access to Work (via the Direct.gov website) they will arrange to see you in your workplace to see how you work and recommend reasonable adjustments to be made - Access to Work will pay a proportion of the reasonable adjustment cost and the employer foots the bill for the remainder. Your employer cannot approach Access to Work on your behalf this is something that you have to do yourself.