Dla

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Need some advice for a good friend of mine, he got a disability and getting DLA, his employer says he has not got a disability, are the wrong as he is DLA and surely he would not be awarded that if he was not disabled. Is he employer wrong in not conceding a disability.

rogerblack

Why?
Some disabilities will be quite irrelevant to some work, though may attract DLA.

If, for example, you can't walk, and use a wheelchair, but your place of work is wheelchair accessible, and you can do anything any other member of staff can do, without requiring any adaptions to the environment to perform your job efficiently - how is your employer agreeing that you're disabled relevant?

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rogerblack wrote: »

Why?
Some disabilities will be quite irrelevant to some work, though may attract DLA.

If, for example, you can't walk, and use a wheelchair, but your place of work is wheelchair accessible, and you can do anything any other member of staff can do, without requiring any adaptions to the environment to perform your job efficiently - how is your employer agreeing that you're disabled relevant?

His disabilitity is not visible and is within the Equality Act 2010, all his medical reports have been submitted to employer but they still say that he has not got a disability. Should he write to the managers informing them that he is receiving of DLA.

kingfisherblue

Why does it matter to his employer if he has a disability or not? Is it causing a problem at work? Is he asking for any adjustments or for additional time off?

I don't think it is any of his employer's business that he is getting DLA and I'm not sure why he needs his employer to know he has a disability without more details.

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kingfisherblue wrote: »

Why does it matter to his employer if he has a disability or not? Is it causing a problem at work? Is he asking for any adjustments or for additional time off?

I don't think it is any of his employer's business that he is getting DLA and I'm not sure why he needs his employer to know he has a disability without more details.

Thank for reply kingfisherblue he has been asking for adjustments but employer would not make any he is in the middle of taking his employer to tribunal and submitted all medical records to them but employer will not concede that he has a disability.

rogerblack

moremore wrote: »

Thank for reply kingfisherblue he has been asking for adjustments but employer would not make any he is in the middle of taking his employer to tribunal and submitted all medical records to them but employer will not concede that he has a disability.

Then it seems to be up to the tribunal.
Certainly - if his employer isn't aware he's getting DLA - mention it to them - and they may consider altering their decision.
Not doing so, and bringing it up at tribunal only may be counterproductive.

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rogerblack wrote: »

Then it seems to be up to the tribunal.
Certainly - if his employer isn't aware he's getting DLA - mention it to them - and they may consider altering their decision.
Not doing so, and bringing it up at tribunal only may be counterproductive.

Thanks for that I think he wants to tell the manager as they would not make adjustment for him because they did not believe he had a disability. Does it mean that you do not have to have a disability to get DLA as had to go through a lengthy process to get DLA.

marleyboy

I cannot imagine his employer is qualified to make an assessment, unless he is medically trained to assess disabilities, he is merely making a wild guess.

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marleyboy wrote: »

I cannot imagine his employer is qualified to make an assessment, unless he is medically trained to assess disabilities, he is merely making a wild guess.

Or is it a scare tactic to get him to agree a lower agreement to get him to go away, but I do not think he will give in to them as he has had enough of them not making adjustments for him.

MightyB_2

The legal standpoint on this is quite surprising to some, but the fact is that only a tribunal can actually decide whether an employee comes under the scope of the Equality Act.

An employer can make an adjustment on the basis that a person is 'likely' to be covered but they are not medically qualified or legally able to say that a person is definitely covered. Most employers are reasonable and accept reports from GPs or occupational health and make adjustments on this basis, but the fact is that any employer can legally refuse to make them and the tribunal is the only way to get this resolved.

The DLA issue is entirely separate - a person can claim DLA but not have a disability that requires any adjustments in the workplace.

If your friend requires an adjustment he should put this in writing to his employer, state what the adjustment is and why he needs it. For example he may say that he needs to work part time as he suffers from fatigue due to a medical condition, or that he needs access ramps to even get into work due to a mobility difficulty. If this has never been stated clearly, then the tribunal's view is likely to be on the side of the employer. The employer is not a medical professional and is not able to guess at what adjustments are needed; they need guidance in writing from either the person with the disability or, more commonly, an occupational health service.

baza52

How much is "your friend" hoping to get in compo?

You still have not said what his disability is or what his job is and how it could be made easier for him.