Potential discrimination claim against the DWP/Jobcentre

[totally_pennyless]

Hi all,

 

I am considering starting an action against the DWP/Jobcentre in a County Court.

 

A brief synopsis is as follows:

 

I claim Employment and Support Allowance (ESA) and am in the Work-Related Activity Group (WRAG). I am required to take part in a "work-related interview" every six months.

 

At my last "interview" my work coach offered to conduct the "work-related interview" over the phone instead of in person. However, when I asked the Jobcentre staff to fulfil this offer recently they simply refused. I asked for the Jobcentre to make a reasonable adjustment in this respect due to the fact that I suffer from various health problems and getting to the Jobcentre is unreasonably difficult for me. This was denied.

 

Is this a matter for a County Court that needs to be issued against the DWP or is it a Employment Tribunal matter because the Jobcentre could be described as an "employment service" for the purposes of the Equality Act 2010:

 

http://www.legislation.gov.uk/ukpga/2010/15/section/56

 

If this does go to a County Court what are the chances I will have to pay the other side's legal costs? I suspect the DWP/Jobcentre will aggressively defend this.

 

Many thanks in advance.

[AndyOrch]

Thread moved to the appropriate forum..please continue to post here.

 

Regards

 

Andy

[speedfreek]

Equality Act!

 

You'd need to find somebody competent legally to initiate the complaint using the correct laws and arguments.

 

You should also be able to challenge any action if you think it's unfair or will cause you harm and ask a DWp Decision Maker to rule on the action.

 

Have a look at this on Rightsnet http://www.rightsnet.org.uk/forums/viewthread/10010/

 

The suggestion of contacting MIND for assistance or a charity more related to your health condition/s would be advisable.

 

Searching that forum should reveal other approaches like complaint v's the person refusing and how to challenge, as bringing a legal case will take time years in fact.

 

Although if you sound like you know what you're arguing and stick to the point you will probably get them to back down by threat of an Equality Act action alone.

 

I'm just ill so can't help or advise any more than that!

[totally_pennyless]

Thanks.

 

The link you posted seems to suggest it is an Employment Tribunal matter though that's not clear.

 

I have approached a "no win no fee" firm and they seem happy to take the case forward. I'm just a bit concerned about costs if I lose. It seems it is likely to head down the small claims track though.