Disability Discrimination

[matt3942]

Re: Disability Discrimination

@cupidstunt - none of the information I have given is false and I would ask you to support your claim to the contrary.

Yes, giving the OP the vacant position could be a reasonable adjustment depending on the requirements of the job; however without knowing the full facts you can't say for certain that it is. That is for the employer to determine, and an ET in due course if the OP thinks he/she has been discriminated against.

It's all very well citing case law but its applicability depends on the specifics of the OP's circumstances, which (again) we are not privy to.

- Matt

[teaboy2]

Re: Disability Discrimination

I give up...................

The manager in the original post is not aware of the eq act and needs training. - Your evidence of that is? Yeah exactly you have no such evidence, and therefore the statement claiming the manager has no knowledge of the equality act 2010 and needs training could be deemed as libelous if the parties were named here!

The Op needs to study the eq act and not take notice of the one line answers given on here.

A good book on the subject is disability discrimination by karen jackson and linda banerjee.

Also a study into past cases will help.

Chief constable of south yorkshire v Jelic (2010) irlr 744 (eat) is a good start.

Firstly has the Employer conceded that the OP has a disability that is the main hurdle. - But they do not have to give them the job above non disabled persons, is the OP capable of the carrying out the job, given the OP admits his eyesight will sadly be of no use to him? If not, then he can be dismissed on capability grounds at a later date even before his eye sight is of no use from the new role, or even from his current role. Not only that but the cost of the adjustments may not be reasonable and the employer can refuse on economic reasons to make such adjustments.

I'm not going to continue offering advice or adding to this post, I have said what position the OP is in, if he chooses to listen to false info then so be it.

....................................end........... ..............

Fact is the advice you have given is based purely on assumption and without knowing the actual facts of the case, i.e. job, duties involved or the adjustments made or that may need to be made in future or even if the OP is still capable to performing either his current job, which he admits hes struggling with or if he could still perform the other job to a reasonable standard. The employer has not refused his application, they merely said everyone would be interviewed on equal footing, therefore they will treat all applicants equally and within the scope of law (including within the scope of the equality act 2010). Its for the employer to decide which applicant is successful, though they can not use the OP's disability as a reason to not employ him, they can however use the cost of making reasonable adjustments in order to accommodate the OP in the new role as a reason to not employ him, which is not discrimination, so long as they can show the costs are unreasonable.

So am sorry, but i agree with @matt3942 - Though i recommend the OP reapplies for the position and wish him all the best in his application!

[FlamingParrot]

Re: Disability Discrimination

The Op needs to study the eq act and not take notice of the one line answers given on here.

The Act has 218 sections and 28 schedules. We are giving the answers that relate to the issues presented on here, otherwise it could take a lifetime to hunt around for the relevant paragraph.

A good book on the subject is disability discrimination by karen jackson and linda banerjee.

Also a study into past cases will help.

The OP wants a second opinion so to speak, with regards to their work situation rather than attempting to qualify as a lawyer, that's why they are posting on here rather than buying a book or studying cases. If I read the OP's posts correctly, they suffer from a visual impairment, I should think that could make it a little harder for them that for the rest of us, to do a lot of reading and case studying.

[Stillo]

Re: Disability Discrimination

Good Afternoon

Just a quick update and a question with regards to HMRC Rules, i have today attended a meeting at work where i was informed i am to be recommended for ill health retirement as i can not carry out the duties of any employment in a safe manner, i can claim an ill health pension and i will have a package put together for me to leave the co mp[any.

My Question if anyone could answer it is can i take the compensation from a ill health retirement point of view tax free, im sure that i read somewher that if a compensation package is paid due to ill health retirement no tax is payable

Cheers
Stillo

[teaboy2]

Re: Disability Discrimination

Generally no tax is payable on compensation amounts - Just like when your paid lieu in notice it isn't taxed as its a compensatory payment paid by the employer by not allowing you to work your notice period i.e. breach of contract.

I would call HMRC tomorrow if i was you and ask them directly!

[Stillo]

Re: Disability Discrimination

Thank you teaboy

Very Much apprecieated

Stillo

[teaboy2]

Re: Disability Discrimination

Did you contact HMRC, if so did they confirm that the compensation award is not taxable? Would be useful to know for definite for future reference. Though I'm pretty certain it wouldn't be taxable!

[Stillo]

Re: Disability Discrimination

Hi Teaboy

Sorry for the late reply, i did contact the HMRC and it seems that if i was retired on ill health Due to my disability and that i cannot undertake any sort of work due to that disability then any compensation regardless of amout is Tax free so no Ł30000 limit.

They did tell me that i would have to get incapacity benefits from my pension to to meet the criteria which due to my failing eyesight i will thankfully meet

Cheers
Stillo

[teaboy2]

Re: Disability Discrimination

So anything above Ł30,000 in compensation would be taxable, if your still being able to do some sort of employment or work?

By the way, incapacity benefit was replaced last year by employment and support allowance, though new claimants from 2008 onwards automatically had to claim employment support allowance!

[Stillo]

Re: Disability Discrimination

Sorry late again

Yes that is what i am led to beleive as for incapacity beneiit it is the paymenttaken from your pension fund due to ill health retirement and before pension age and not Government benefit, there are more rules that you need to satisfy for the HMRC to allow payment to be non taxable and it seems i meet them all even though i dont know what they are

Cheers
Stillo

[Stillo]

Re: Disability Discrimination

Teaboy

My appolgies my scheme rules say i cannot undertake any type of work at all of any kind to entitle me to an ill health pension, so i will not pay tax on any amount providing i do not work again as i will be accepted by my scheme as Medically retired, if other scheme rules allow you to undertake work then you still will not be taxed as long as it is an ill health pension

Cheers
Stillo

[teaboy2]

Re: Disability Discrimination

Thanks [MENTION=36391]Stillo[/MENTION] - Thats certainly useful to know.

[Stillo]

Re: Disability Discrimination

Good Evening

Can i please ask for a little more help with regards to this matter, i have today had a sickness support meeting for my current sickness which was an accident i had at home where i fell down the stairs and dislocated and fractured my left arm and tore the rotator cuff on my right arm and had a left minsus tear of the left knee, i have now been off work 8 months and i have exhausted my full pay and i am now on half pay.

My Gp says i will be able to return to work on the 01/09/2015 but my company Dr will not let me return not because of my injuries but due to the degeneration of my sight, my manager wants me to get another sicknote for the degeneration of my sight and not for my injuries but if i do i will continue on half pay, i am not the one who will not go back to work they are not letting me go back am i right in thinking i should be on paid leave due to my disability that had nothing whatsorver to do with my original sickness and although the Company Dr will not let me go back i am now in a position where i can return due to my injuries bein treated, sorry if this all sounds silly but i will explain it further if any more info is needed

Cheers
Stillo

[teaboy2]

Re: Disability Discrimination

If they won't let you return back to work when your doctor declares you fit, then you are entitled to guaranteed pay under section 29 of the employment rights act 1996.

Also your bosses/ company doctors request that you get another sick note for your eyesight, is direct disability discrimination as hes clearly refusing to allow you to return to work and using your disability against you in order to prevent you returning.

Also its not up to the company doctor and hes way out of line even suggesting such a thing and should be reported to the regulator (medical practice board - Sorry can't think of its name of top of my head, had a few pints this evening already lol)!

Submit a formal grievance regarding the above!

[judgemental24]

Re: Disability Discrimination

Myself being an individual who has been through Ill health retirement

You mention "Main line" Station? as your employer. I take it your union will be the RMT or TESSA?
Your severance will be slightly different to mine but they are all about the same to the average employee in what ever unionised industry.

You need a union rep to sit in with you to make sure you are not shafted by the employer before you accept severance of your employment contract. There will already be in pace a collective bargaining agreement to cover Ill health retirement

If over 55 a lump some from the severance package will be paid into your occupational pension. Makes no difference really as you can still withdraw a lump sum.

If you will never be able top work again you will receive an immediate uplift in your occupational pension.

I received 34 weeks wages Tax free (Under 55) with the following:

This now is taxed,

Pay in lieu of notice (PILON) which i received 12 weeks and any outstanding holiday entitlement as well.

To be honest if i were in your position i would take the Ill health severance package. That is just me and only you can make that decision on your own individual future financial liabilities. These severance packages are quite generous though. You do not get them with non unionised work forces.