Disability question...please help

[wabby786]

Hi, Please Help!


I have slight visual loss in one eye and visual distortion in same eye, I have consultant letters to prove this. Unfortunately I am unable to register as visually impaired or get a low vision certificate (as it has to be in both eyes to qualify), what my question is, as I have slight visual loss and distortion that has lasted over a year, would this be recognised as a disability in the laws eyes? specifically so i can assert my rights under the equalities act 2010?

Please help, it would be most appreciated

Wabby786

[leclerc]

Re: Disability question...please help

Wabby. I have to confess to a complete lack of knowledge in this area but I have go the RNIB helpline which may well have the most informed advice. Link is below: http://www.rnib.org.uk/aboutus/conta.../helpline.aspx

If you do contact them please can you update this thread because your case does seem quite an interesting one since there is only loss of vision in one of the eyes which effectively wipes out most help for partial sightedness(from what I can read).

[wabby786]

Re: Disability question...please help

I am in regular contact with RNIB, yes I do not fall within the criteria to be registered as partially sighted, or have a low vision certificate, but my question is a legal one,

I want to know if in the laws eyes, my long term slight visual loss and distortion of reading, should be recognised as a disability under the Equalities Act 2010?

Very long case! I have even applied for tribunal, but my employers have stated that they refuse to agree that I have a disability


(very impressed with fast response! cheers)

[leclerc]

Re: Disability question...please help

http://www.equalityhumanrights.com/u...disability.pdf

The above is the definition with regards to guidance on the questions relating to the definition of disability.

A1 states this: A1. The Act defines a disabled person as a person with ‘a physical or mental impairment which has a substantial and longterm adverse effect on his ability to carry out normal day-to-day
activities’

[wabby786]

Re: Disability question...please help

great document you showed me....hmm, I can do normal day to day activities, but my reading is effected and when walking down steps,

this is really helpful,

My employers are being very unreasonable...hopefully the Tribunal will decide on that one

cheers! never really believed in forums, first time i have used one, but your are super speedy, are you a lawyer? just wanted to know if you can be hired if I need be?

[miliitant]

Re: Disability question...please help

in what way are your employers being unreasonable

have you put inn an ET1 CLAIM YET

HAVE YOU SUBMITTED A GRIEVANCE TO YOUR EMPLOYERS

what line of employment are you inn

[Magrew]

Re: Disability question...please help

a physical or mental impairment which has a substantial and longterm adverse effect on his ability to carry out normal day-to-day activities

Wabby, do you have any professional (a medical person or perhaps an occupational therapist) that could make a statement to the Tribunal that could confirm that your condition has "a substantial adverse effect"? That could add a lot of weight to any argument you put forward.

What would also be very useful is demonstrable evidence of this disadvantage. An example may be stumbling on stairs causing risk to injury, limited reading time because of induced sore heads, difficulty using a computer screen limiting time compared to an unhindered person. Any real world examples are useful, many small examples can add up to substantial.

[wabby786]

Re: Disability question...please help

Ive done the full grievance internal procedure, outcome was diluted by them, following a year and half of their grievance delays, I gave in ET1 within 3 months less one day of last act , my employers tried to get it struck out, but I have managed to convince judge to hearing...

they have done many things, but I have claimed disability discrimination, reasonable adjustments provided after a year

bullying and harassment,

I am worried about writing much more as by that I can be identified, but they done a whole heap of stuff to me......

A mangaer made me feel suicidal, by her actions...My GP wrote to employers and told them to address the letter, they never done nothing, but the strangest thing is my solicitor has decided to leave this out, when this is the most important thing ,,,,,i think, proof from a medical professional that this manager is making me feel suicidal and to take responsible action as my employer...but my brief doesn't want to mention this, he states that I have to make it relevant via discrimination due to a protected characteristic.... this was disappointing, I work in Job Centre

anyways the rest of my claim is based on disability discrimination as they provided reasonable adjustments after a year

they are also denying im disabled

[wabby786]

Re: Disability question...please help

OH is supposed to be independent, but I think they are all in it together, on my last visit, I asked |OH to include (as they have donein all previous reports) that Equalities Act 2010 should be considered as this is a long term effect... they were trying to avoid writing it in the latest report...plus I gave the other side these reports, he is still denying it....

(thank you to everyone, thanks also Macgrew, Ive actually copied what you have written to help me start my statement for the hearing, I also got guidance for definition of disability)

is it normal for them to leave out my GP letter saying the manager is making me suicidal? does it have to be to do with discrimination of a protected characteristic?

thanks so much for everyone helping me

[miliitant]

Re: Disability question...please help

how big is your employer

did they refer you to occupational health for example

were risk assessments done on you at work

they have a responsibility for your health and safety under

the management of health and safety at work regs 1999

[wabby786]

Re: Disability question...please help

I work in Job Centre, so I think its pretty big, local government

now they are trying to do their best, after I gave in Tribunal form, previously they did do referrals to OH, but after my GP suicidal letter, nothing was done,,,

I had PTSD aswell and no risk assessment was done when I had to visit vulnerable people at home..dont know if that is normal

a manager didnt arrange OH review, had a meeting about me, without me there, bullied and harassed me, ignored my emails for help etc, visual adjustments were provided after few months, but not suitable, then i waited a year

now they are doing everything, but my ET action is for previous incidents and some recent

[bluebottle]

Re: Disability question...please help

Normally, it is a consultant ophthalmologist or consultant ophthalmic surgeon who registers you as partially-sighted or visually-impaired (blind). It will depend on what effect and what restrictions your visual problems have on your everyday life that will determine whether it can be considered a disability for the purposes of the Equality Act 2010. Perhaps, the best person to speak to is your consultant.

[Magrew]

Re: Disability question...please help

Your brief is correct telling you that you have to focus on the protected characteristic. You will have to prove "substantial adverse effect" if you can. A professional opinion to that effect will be very helpful (in fact I would say almost essential). A GP's opinion will carry some weight but a specialist who can describe any effect will be better.

As much as the way that it has made you feel is significant to you, it is a symptom rather than the subject of your complaint. Do you have any evidence of your employer assessing the impact of your condition on your work, a work environment assessment or a risk assessment perhaps? Have they made any adjustments for you at all? If so were they reasonable and effective? You don't have to answer these questions here but if you can present evidence around this type of matters they will add to your argument.

I presume the Consultant's letter you mention states "slight visual loss and distrortion" this needs to commute "substantial adverse effect". The word slight in the description of the condition will mean that the statement of the effect will need to be convincing and credible. If that same Consultant could offer an opinion in that regard that may be the best source.

[miliitant]

Re: Disability question...please help

as you work in a job centre i take it that it is A******S who do the occupational health

now thats ironic deja vu comes to mind

the fact they failed to address your medical condition is reason enough for the ET 1 claim

them trying to sort things out now is commendable but to little to late (covering their rear)

they have broken so many rules and regulations

safe systems of work
risk assessments
not refering to occupational health
ignoring and failing to take notes from your gp
vicarious liability
bullying

was the health and safety rep informed
(safety reps and safety committees regs 1992)

i can go on and on

i can see their solicitor offering a settlement on this before the case management stage, especially if it is confirmed they have breached your "protected characteristics" under the Equalities Act 2010

25 % UPLIFT ON ANY AWARD

THE OCCUPATIONAL HEALTH PROVIDER HAS TO DO A RECOMMENDATION ON IF THEY CONSIDER THE CONDITION FALLS UNDER THE EQUALITIES ACT 2010

BUT ONLY AN EMPLOYMENT TRIBUNAL CAN MAKE THAT DECISION

[wabby786]

Re: Disability question...please help

wow millitant, I know why you are called that now! god bless you!

Right well I would love to write in more detail, as you can give concise information, but its risky on here, but I worked 4 months without any adjustment, then an adjustment was provided (after OH & work station assessment), after two weeks of it being provided I explained it was not suitable, it was at that point I waited a year for the correct adjustment.

The suicidal letter from my GP to employers is not one of the points in the tribunal, even though I put this in ET1 form, this was really disappointing, unless I say it was discrimination against a protected characteristic, same with bullying & harrassment, if it is not against a pc then from what I have seen so far, no action can be taken!

Health & Saftey rep met me doen his report, but the correct adjustment took over a year

at this stage they are denying im disabled, but I think I have enough to prove to tribunal otherwise...

not sure what 25 % uplift is? or how much the amount should be

OH made recommendations this time she hesitated on some things, I think they spoke to my manager as she was different this time.....she has confirmed that the Equalities Act should be considered as it is a long term medical condition, but the solicitor still says he is not satisfied that i have a disability

also the manager that bullied and harassed me just treated me like complete dirt, I was broken person for a very long time and she made me worse,

I will look up vicarious liability