Equalities Act

I went into the grievance procedure at work to prove I fall under the equality act 3 years ago. After I got a letter from my consultant the occupational health advisor I spoke to also agreed at that time that I did. I've recently been to oh again and my consultant letter was attached to the referral but as it wasn't mentioned I fall.under the equality ac.  HR are telling my management they don't need to help me as I'm not classed as disabled. Has anyone had to prove disability twice to the same employers?.

Comments

  • It depends what you are trying to claim, disability is not a blanket claim, reasonable adjustment is more complicated than that and it depends on what you are trying to claim and in what contract.
  • Marcon
    Marcon Posts: 10,025
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    Cake252 said:
    I went into the grievance procedure at work to prove I fall under the equality act 3 years ago. After I got a letter from my consultant the occupational health advisor I spoke to also agreed at that time that I did. I've recently been to oh again and my consultant letter was attached to the referral but as it wasn't mentioned I fall.under the equality ac.  HR are telling my management they don't need to help me as I'm not classed as disabled. Has anyone had to prove disability twice to the same employers?.
    Why wasn't it mentioned in your consultant's letter? Where's the written record of the OH adviser confirming their views, despite no mention in the consultant's letter?
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • Cake252
    Cake252 Posts: 66
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    Equalities act was mentioned in my consultant letter which was attached to my recent oh referral.  But as oh they haven't mentioned it, hr are saying I don't fall under the act 
  • elsien
    elsien Posts: 32,310
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    edited 21 October 2023 at 7:02PM
    What does the relevant section of your consultant letter actually say? 
     Does it say something like “OP has a disability under the meaning of the equalities act.” 
    Or does it say something more like “consideration should be given as to whether this amounts to a disability under the equality act” or does it just say you’ve got a disability and leave it at that - consultants not being lawyers, so generally speaking tend to be a tad more careful with regards to the legalities. 

    However, HR can’t say you don’t have a disability just because your consultant won’t use those words. It’s whether or not you fit the definition so if your information provides evidence for your condition, being substantial and long term then that is what you need.
    https://www.gov.uk/definition-of-disability-under-equality-act-2010#:~:text=You're%20disabled%20under%20the,to%20do%20normal%20daily%20activities.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Cake252
    Cake252 Posts: 66
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    'Her condition is such that she would fall under the equalities act' is the wording. 
  • elsien
    elsien Posts: 32,310
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    What are you hoping to achieve? What adjustments are you looking for?
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
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