Gout and the DDA...

dmg24

ohreally wrote: »

My immediate problem is this has been dropped on my lap and the occupational health consultant who will be contacted to provide expert opinion is reluctant to agree that gout is covered by the DDA.

I don't believe that doctors are always the best people to decide who is covered by the DDA. Some doctors tend to go by the old definition of what is 'disabled', and as we know that is not the same as the group covered by the DDA.

The link above goes through proving whether someone is (or is not!) covered by the DDA, and also cites relevant legislation x

ohreally

dmg24 wrote: »

I've been looking at doing my Masters in Employment Law in September - and you've just given me an idea for my dissertation! x

If this goes pear shaped i'll let you know where/when the ET hearing is to be convened. You're welcome to turn up with a flask and notepad.

ohreally

dmg24 wrote: »

I don't believe that doctors are always the best people to decide who is covered by the DDA. Some doctors tend to go by the old definition of what is 'disabled', and as we know that is not the same as the group covered by the DDA.x

Your absolutely correct, they're not. The employer however has a vast OH resource which has undeniable expertise in this area...I need to do homework quickly.

dmg24

ohreally wrote: »

Your absolutely correct, they're not. The employer however has a vast OH resource which has undeniable expertise in this area...I need to do homework quickly.

You can always find someone who will disagree with them, just might take a bit of digging ... x

ohreally

dmg24 wrote: »

I've been looking at doing my Masters in Employment Law in September -

How is the course coming along?

3plus1

dmg24 wrote: »

I don't believe that doctors are always the best people to decide who is covered by the DDA. Some doctors tend to go by the old definition of what is 'disabled', and as we know that is not the same as the group covered by the DDA.

The link above goes through proving whether someone is (or is not!) covered by the DDA, and also cites relevant legislation x

Before agreeing to sign a note confirming I was covered by the DDA (not for gout though, sorry, OP), my doctor asked me to send him a copy of the relevant bits of the Act, so he could determine whether or not my condition would be legally considered a disability. Once he had had a read through, he was happy to sign.

He based his judgement call on his knowlege of my condition, how it affected me specifically and what was in the Act. I think he was absolutely the right person to agree whether or not I was covered, because he's a specialist in my condition and as such, he understands the actual effects more than most. I'm not convinced a non-specialist would have signed.

ohreally

3plus1 wrote: »

Before agreeing to sign a note confirming I was covered by the DDA (not for gout though, sorry, OP), my doctor asked me to send him a copy of the relevant bits of the Act, so he could determine whether or not my condition would be legally considered a disability

Who was this note from?

The decision on whether you're covered by the legislation is not reached by a doctor (GP or otherwise), the ruling is made ultimately by an employment tribunal.