Panorama: Disability Discrimination at Department for Work and Pensions (DWP)
In a report conducted by BBC Panorama it was revealed that the Government Department for Work and Pensions (DWP) has lost more Employment Tribunals for disability discrimination claims than any other company in Britain since 2016.
Out of the 80,000 members of staff employed by the DWP, 11,000 identify as disabled, this equates to 13.75% of the workforce. DWP is the Government department responsible for supporting people with disabilities into employment.
BBC Panorama’s findings
Between 2016 and 2019 the DWP received 134 disability discrimination claims against them and of those, they lost 17 of the cases. Not only did they receive more cases than any other employer, but they also lost more cases than any other employer too. Combined, the DWP paid out £950,000 in tribunal payments and out of court settlements during this period.
Discrimination arising from disability
Disability discrimination is where someone is treated 'unfavourably' because of something linked to their disability, but not because of the disability itself. The disabled person claiming this type of discrimination does not have to compare their treatment to how someone else is treated.
Example 1 of disability discrimination by the DWP
The first example is that of a worker who suffered from severe panic attacks and anxiety order that could trigger life threatening asthma attacks. He was moved department which in turn changed his job role and given his anxiety disorder meant he became unable to manage his condition. Despite advice and guidance from his own GP and the employer’s own Occupational Health service challenging this decision, nothing was done. The situation came to a head when his employer threatened him with disciplinary action for not being able to attend the necessary training for his new role.
He was awarded £26,000 after he took the DWP to an employment tribunal and a judge ruled he had been discriminated against because of his disability.
Example 2 of disability discrimination by the DWP
The second example is that of a worker who suffered numerous serious health conditions including depression. She was sacked by the DWP for taking too much sick leave.
At her employment tribunal, the judge found she had been unfairly dismissed and discriminated against by the DWP and is currently one the biggest pay-outs made by the DWP for disability discrimination.
In response to this report a spokesperson for the Department for Work and Pensions said: "We are shocked that, when presented in this way, the data shows us in this light."
Disability Discrimination claims can have a detrimental impact on employers and employees alike. Should you require further information about anything covered in this article, get in touch. Vaishali Thakerar on 0116 212 1059 or email vthakerar@lawson-west.co.uk.
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