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Scared About New Sanctions for ESA WRAG

  • bro58
11 years 3 months ago - 11 years 3 months ago #95677 by bro58
Replied by bro58 on topic Re:Scared About New Sanctions for ESA WRAG
883cc wrote:

Well this just cannot be legal as it is surely discriminatory that those judged sick by not only a doctor ei you rown Gp, but the very people the govt put in charge of the assesment process so what you may ask is the point of paying Atos at all.It surely is discrimanatory in that able bodied people on JSA do not have the no time limit mandation applied to them so the very ones who shouldnt be sanctioned,or indeed involved in this system at all, are the worst treated.
The obvious health and safety issues are being overlooked here to in that has the employer got satisfactory insurance..i suspect not.
There is the fact that it is not supposed to be open to commercial enterprises as its supposed to be for the community benefit only.
Someone is going to get hurt or die as a result of this and the govt ie..IDS etc al ,will be culpable in any criminal proceedings that result...SURELY they must as it in thier names that people are being forced on to this...the secretary of state etc etc...
If we want to challenge this through the courts then it will cost money and the only way is for us all to contribute.
This by the way does not affect those in the support group but like me dont hold your breath come the next assesment date.
It is illegal ,immoral ,and downright uncaring but what do we expect from the ideology of this govt.
Next election time dont you dare forget this and everything else they have done...
By the way sign NOTHING and check everything. WE need links to those sites that advise on this and if they are right and i am sure they will be then please if called in sign nothing and do not use that website that they ask you to use(job**** or something as they use this to enable sanctions so i have heard and there is advise on this on a particular site .


Hi 883,

Please pay due regards to comments already made on this thread.

The DWP are pushing the envelope here, however, as previously stated, it is whether the Works Experience or Mandatory Work placement can be classed as "Work as an employee or otherwise".

Further, as you will see, in this extract :

"It is worth noting that there is a greater emphasis throughout guidance is on ensuring that the activity identified is appropriate for the participants health condition or disability and being aware of their barriers to work, including ill health/disability and any reasonable adjustment requirements when organising an activity with an employer."

From this document :

www.dwp.gov.uk/docs/work-programme-memo-082.pdf

They are stating that they must take into account the claimants illnesses/disabilities etc, and make reasonable adjustments where necessary.

See also : www.dwp.gov.uk/newsroom/press-releases/2...2012/dwp131-12.shtml

It is up to the claimant to make the Works Provider aware of their limitations, and make formal requests for "reasonable adjustments" in writing under The Equalities Act 2010, which is covered in sections 20, 21 and 22 :

www.legislation.gov.uk/ukpga/2010/15/contents

You would first have to prove that you fulfilled the definition of a "Disabled Person" under EA 2010, see :

www.gov.uk/definition-of-disability-under-equality-act-2010

I am not a legally qualified in the above but believe that a case under EA2010, as above can be dealt with in The County Courts.

Even if a legal challenge is mounted regarding whether it is classed as "WORK as an employee or otherwise" or not, this could take well over a year to gain positive case law on the issue.

bro58
Last edit: 11 years 3 months ago by bro58.

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  • 883cc
11 years 3 months ago - 11 years 3 months ago #95701 by 883cc
Replied by 883cc on topic Re:Scared About New Sanctions for ESA WRAG
I have given regard to comments already made on the thread and if people can gain further help from the link i mentioned which by the way has other links on it which may help then i dont see a problem with that and as we all now know this situation is a big time bomb waiting to explode with some very scary consequences so as one particular organisation says ...every little helps...and if someone can find further info that isnt on this site then i think thats fair enough after all as great as B&W is and we do know it is no one site can cover everything.
As with everything though any advice one is thinking of taking should be checked and double checked of course so cross reference and dot the i and cross the tbefore acting on any advice found anywhere.
In the light of day they can state all they want that they must take in to account the claimants illness/disabilties and make reasonable adjustments where necessary....well when you read the pleas fro help on here and a whole host of other sites we know THAT is not the case and the evidence is there for all to see all they have to do is ask those affected and it is obvious so like i say every little helps .We all have to fight this and if we KNOW all thier own rules then we are all better prepared that was my point and my answer to the question on this thread.
Last edit: 11 years 3 months ago by bro58.

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  • bro58
11 years 3 months ago - 11 years 3 months ago #95702 by bro58
Replied by bro58 on topic Re:Scared About New Sanctions for ESA WRAG
883cc wrote:

I have given regard to comments already made on the thread and if people can gain further help from the link i mentioned which by the way has other links on it which may help then i dont see a problem with that and as we all now know this situation is a big time bomb waiting to explode with some very scary consequences so as one particular organisation says ...every little helps...and if someone can find further info that isnt on this site then i think thats fair enough after all as great as B&W is and we do know it is no one site can cover everything.
As with everything though any advice one is thinking of taking should be checked and double checked of course so cross reference and dot the i and cross the tbefore acting on any advice found anywhere.
In the light of day they can state all they want that they must take in to account the claimants illness/disabilties and make reasonable adjustments where necessary....well when you read the pleas fro help on here and a whole host of other sites we know THAT is not the case and the evidence is there for all to see all they have to do is ask those affected and it is obvious so like i say every little helps .We all have to fight this and if we KNOW all thier own rules then we are all better prepared that was my point and my answer to the question on this thread.


The problem is 883, that the DWP use EA2010, etc as a double edged sword, in that they cite all these laws as being there to protect disabled people and "enable" them, knowing full well that people are either ingnorant of the facts, or too afraid to use them.

If more people used the available legislation, and put their requests in writing to make it formal, they would have more ammunition to challenge certain issues.

bro58
Last edit: 11 years 3 months ago by bro58.

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11 years 3 months ago #95722 by Asbo
Thanks for all your helpful advice and discussions and links on this topic. Bro58 what I don't understand though is yes they say they will take people's health/illnesses etc and make reasonable adjustments under The EQuality Act but then surely everyone in the WRAG is covered by this so who do they have in mind when they talk about mandating people? Surely all the sick are covered under The Equality Act. It is worse than people get on JSA and as bad as being treated like a criminal who gets community service and even then their community service wouldn't be indefinite. I just can't imagine who will be mandated or who they have in mind for this cruel tightening of the screws.

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11 years 3 months ago - 11 years 3 months ago #95723 by Asbo
I also just wanted to add that I heard The Equality Act was being modified and I bet it will make it worse for disabled people. Do you have any more information about this?

Many thanks
Last edit: 11 years 3 months ago by bro58.

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  • bro58
11 years 3 months ago #95725 by bro58
Replied by bro58 on topic Re:Scared About New Sanctions for ESA WRAG
Asbo wrote:

I also just wanted to add that I heard The Equality Act was being modified and I bet it will make it worse for disabled people. Do you have any more information about this?

Many thanks


Hi A,

I am not aware of any impending ammedments to EA 2010.

bro58

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