you mustn’t be discriminated against is called the Equality Act 2010

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you mustn’t be discriminated against is called the Equality Act 2010

Post by Admin on Sun May 21, 2017 9:12 pm

What is victimisation?

The law which says you mustn’t be discriminated against is called the Equality Act 2010. Discrimination which is against the Equality Act is unlawful. This means you can take action in the civil courts.

Victimisation is when someone treats you badly or subjects you to a detriment because you complain about discrimination or help someone who has been the victim of discrimination. Because the Equality Act recognises you may be worried about complaining, you have extra legal protection when you complain about discrimination.

https://www.citizensadvice.org.uk/discrimination/what-are-the-different-types-of-discrimination/victimisation/

Complaint letter for consideration....

Email to "contact-us at dwp.gsi.gov.uk"

If you can identify your local complaints resolution team email them, see:
www.whatdotheyknow.com/request/313444/re...ch/3/899%20Reply.pdf


Your address

NI number

Date

Jobcentre Plus Address

Email:

Dear Sir/Madam

Formal Complaint

I would like you to investigate the unreasonable treatment I have been subjected to by [name of JC official].

A summary of my complaint as follows:

It takes me 35 hours to complete the activities contained in my CC dated x

I am now expected to complete additional activities, which are unachievable and unrealistic. I believe I am being deliberately set up to fail, another JC official agreed with me.

The relevant activities:

? Apply to about local employment agencies and apply for jobs

? Look for jobs on about 30 different websites every day

? Apply for absolutely everything I can do on UJM using a "tip" which should identify about 300 jobs

? Completely redesign my job diary to make it easier for the JC staff to read.

Jobcentre Plus may not be aware of how aggregate job boards operate and the same opportunities are replicated across a number of job sites. I use Indeed??, because it one of the top aggregator job boards.

This means I do not have to spend time trawling several generalist job boards, such as UJ. The number of steps I take each week will be less, but I will have a better chance of finding vacancies that give me the best prospect of securing employment and I will have more time to complete quality applications.

Furthermore, it is irrational for DWP staff to expect Jobseekers to trawl through jobs on UJ weekly when there are several job sites to choose from and many vacancies can be found on 80 or more generalist job boards; UJ was voted one of the worst.

I am not required to present my work search in any particular format.

List of maladministration involved:

Failures to follow procedures or the law
Abuse of process
Failure to provide a service
Intimidation, harassment and unacceptable conduct and behaviour????
Acting unfairly and disproportionately

In addition, all JCP/DWP officers are duty bound to act within:

• The appropriate Civil Service Values and Codes of Behaviour.
• The 7 principles of Public Life, otherwise known as ‘The Nolan Principles’.

Resolution

1. I expect a full written apology.
2. My CC is revised.
3. A change in work coach

I look forward to receiving a written reply in line with your complaint and maladministration policies.

Yours faithfully




??CC your MP

Edit

To expedite matters you may wish to present your proposed CC

https://www.whatdotheyknow.com/request/213517/response/532098/attach/5/AWRR%20full%20conditionality.pdf

Section 3 is not mandatory,
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Re: you mustn’t be discriminated against is called the Equality Act 2010

Post by Caker on Mon May 22, 2017 10:26 am

In regard to the Equality Act 2010 (I have skim read through it), there is also such thing as 'discrimination arising from disability'. This means that if you are treated in a 'standard' way that everyone is treated, and this is not appropriate because of your disability, then it is discrimination arising from disability AFAIK.

An example might be:-

DWP sub-contractor has an automated appointment generating system and generates a mandatory appointment for you to attend. If the appointment is not suitable because your illness/medication makes it impossible for you to attend at a particular time of day (and you have already notified DWP sub-contractor about this) then you have been discriminated against by default, even though you have been treated exactly as every other person.

The difference is that others without the same illness/medication/time restraints as you, would not have been affected by the automated appointment system, but as you are, you are entitled for that to be considered, and appropriate adjustments made for you i.e. an appointment at a suitable time.

I am not legally qualified. If anyone else has interpreted the act differently, I am happy to be corrected

( study every day is a school day Wink   )
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Re: you mustn’t be discriminated against is called the Equality Act 2010

Post by Absolut on Mon May 22, 2017 1:16 pm

https://www.citizensadvice.org.uk/law-and-courts/discrimination/discrimination-because-of-disability/disability-discrimination/

Direct discrimination is where you are treated less favourably because of your disability than someone without a disability would be treated in the same circumstances.

Indirect discrimination is where there is a rule, policy or practice which seems to apply equally to everyone, but which actually puts disabled people at an unfair disadvantage compared with people who aren't disabled.
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Re: you mustn’t be discriminated against is called the Equality Act 2010

Post by Caker on Mon May 22, 2017 3:10 pm

Absolut wrote:https://www.citizensadvice.org.uk/law-and-courts/discrimination/discrimination-because-of-disability/disability-discrimination/

Direct discrimination is where you are treated less favourably because of your disability than someone without a disability would be treated in the same circumstances.

Indirect discrimination is where there is a rule, policy or practice which seems to apply equally to everyone, but which actually puts disabled people at an unfair disadvantage compared with people who aren't disabled.


The latter would include 'discrimination arising from disability' then, by the looks of it.
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Re: you mustn’t be discriminated against is called the Equality Act 2010

Post by Absolut on Mon May 22, 2017 3:31 pm

Yes. Maximus, Atos and the DWP can't get out of the Equality Act by saying that the person hasn't been "assessed" yet as being disabled or not for benefit purposes. What is relevant is what is in the Act:

6 Disability

(1) A person (P) has a disability if—

(a) P has a physical or mental impairment, and

(b)the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities.
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