Interview Under Caution and Medical Reason not to attend

[Ilovetherockies]

I had a second invitation to an IUC last July but explained that I had recently (since the first interview 4 months prior) been diagnosed with severe Urinary Incontinence and would if I attended have to be allowed to use the Job Centre's toilet. My request was turned down and my medical condition ignored. They then turned around saying I 'refused to attend'. I have all this in writing. My question is, do I have a case under the Equality Act 2010 as continence problems are a disability and it's a major issue for me. I have medical proof of my condition. It only came to my attention now that they said 'I refused to attend' as it's going to court now because, as they claim, I had an opportunity to explain some alleged income (which isn't income) and 'refused' to explain it. I read their statement in the court paperwork.

[SpringerSpaniel]

Re: Interview Under Caution and Medical Reason not to attend

They have failed to make the reasonable adjustments as required for your disability, ie that you need access to toilet facilities due to your bladder/urinary probs. These will certainly constitute a disability for this purpose if expected to continue more than a year, or if you've had them a year or more already.

[enquirer]

Re: Interview Under Caution and Medical Reason not to attend

... but explained that I had recently (since the first interview 4 months prior) been diagnosed with severe Urinary Incontinence and would if I attended have to be allowed to use the Job Centre's toilet.

So they knew of your condition prior to the interview. Do you have written proof that you told them?

Ensure that you have written confirmation of your condition from an appropriate authority (GP, Consultant, etcetera).

My request was turned down and my medical condition ignored.

Do you have this in writing? As SpringerSpaniel points out, this is an absolute No-No. You can cream them with this.

They then turned around saying I 'refused to attend'.

This is typical of them.

My question is, do I have a case under the Equality Act 2010 as continence problems are a disability and it's a major issue for me.

Yes.

... as it's going to court now because, as they claim, I had an opportunity to explain some alleged income (which isn't income) and 'refused' to explain it.

Do you have all the necessary paperwork to prove your innocence here, too?

If you would rather avoid court, it might pay to set all this out in a letter and address it to someone very senior within the department.

Point out that you can prove beyond doubt that their staff lied and that you were flagrantly discriminated against.

Observe in passing that '... it will be most unfortunate, but since this will be in open court, I will be unable to prevent adverse publicity'. And that ... there might even be '... a claim for damages arising out of the discrimination issue, but I am only taking advice in this regard at the moment'.

There's no guarantee, but you might just find that the case gets dropped.