A judge has ruled that a disabled woman was unfairly discriminated against Equality Act 2010 when she was sacked by the DWP.
Isabella Valentine was employed by the DWP on a programme designed to get vulnerable, long-term unemployed people back into work by nurturing and training apprentices over a 12-month period, bringing them to a point where they could apply for jobs in the usual way.
However, disciplinary measures were taken by the DWP after just four days’ sickness that led to Valentine’s dismissal.
Valentine said:
“I suffer regular migraines that are so severe and unpredictable that I am officially classed as disabled. Because of that and a lack of qualifications, I haven’t been able to find decent employment,
“When I was handpicked for this programme, I was so happy. I hoped that I had finally found employers who would let me do a good job while being understanding of the time off I sometimes have to take because of my migraines.
“Instead, I was made to feel small and so stressed that my migraines got even worse. Not only were no reasonable adjustments made for my disability as legally required but I was subject to the same strict and unbending rules that permanent employees had to work by.
“My manager started harassing me on the first day I took off sick because of a migraine. By the fourth day, the department had started disciplinary proceedings and decided to dismiss me. Which it then did."
Suffolk Law Centre successfully fought the Valentine’s case as part of the National Lottery Reaching Communities-funded project Tackling Discrimination in the East.
The DWP has been taken to the employment tribunal by staff almost 60 times over claims of disability discrimination in a 20-month period and has the worst record on disability discrimination of any large government department.
Only yesterday, Demos published a discussion paper questioning whether the DWP is the right place to start helping those with a disability or long-term health condition into work.
It recommends that proper employment support be given rather than bullying disabled people.
To do this, responsibility for helping ‘harder-to-help’ groups should be taken away from the DWP with support provided instead by the Department for Health and Social Care, NHS England and the Department for Education.
Source: DWP acted 'perversely' in sacking of disabled woman, judge finds @ www.theguardian.com