Recently I was passed over for promotion at work, the reason my line-manager gave was she didn’t think someone with m.s. could do the job as well as someone who didn’t have m.s.
Question - As I’m challenging this decision what help can I expect from the MSS at local or national level?
My friend who has m.s has recently been assessed as being capable for work and had his DLA stopped.
Question - What help/advice/support should he expect from the MSS if he contacts them (he feels he meets the criterion for DLA and feels the assessment re. work was totally inappropriate for soemone with m.s.)
The short answer is that I don’t know - you’d be best off calling the MS Society, both the head office and your local branch, to find out. Also, speak to Citizen’s Advice Bureau for their advice too. The situation with your job is a clear case of discrimination, and given what your line manager said, I don’t see how a tribunal wouldn’t award in your favour. Do you have a union you could speak to as well?
As for the question about DLA, ability to work has nothing to do with DLA - I get high rate mobility component and middle rate care, but I still work. Again, the Citiizen’s Advivce Bureau would be able to help more.
I hope you don’t mind me putting my twopeneth in while Greg answers; as a matter of interest it probably would have been more etiquette to send him a PM.
This looks totally illegal to me. It is Law (The Equalities Act) that because of your health you must not be passed over for promotion. If you contact The Equalities and Human Rights Commission http://www.equalityhumanrights.com/ the telephone is on the website; they will confirm and take your employers to tribunal at no cost to you.
Sorry for the delay in getting back - it’s taken a wee while for the Helpline to come back to me. (You can always call them for free on topics like this).
We have information in our publication "Work and MS” which advises on how someone with MS is covered by the Equality Act, which makes it unlawful to discriminate in all aspects of employment, whether in recruitment, selection, training, promotion, redundancy and dismissal” (pages 8 – 11)
We also fund an MS Legal Advisor with an organisation called the Disability Law Service who can provide free legal advice to people with MS living in England and Wales on both Employment law and Disability Discrimination. You can phone 020 7791 9800 (then press option 1) or email email@example.com to organise an appointment for a telephone advice session. You will receive priority if you say that you have been referred by the MS Helpline.
Locally your MS Society branch may be able to put you in contact with others who have been through a similar experience or any potential local organisations who may be able to support you. Some branches run support groups which can help people to share their experiences of MS in order to support each other through struggles.
Finally the MS Helpline is here to provide understanding and listening support for what we understand could be a potentially very stressful and difficult time. We would encourage you to contact us either on our freephone helpline 0808 800 8000 or by email – firstname.lastname@example.org if you would like to talk through how this process is affecting you.
Similarly to your query above, we have a publication “Claiming DLA" which advises on what people can do to appeal such a decision on pages 28 to 29. You can also call our Information team on their enquiry line: 020 8438 0799 or the MS Helpline on 0808 800 8000 to discuss the information in our publications.
For specialised advice and information on benefits Turn2us are a charitable organisation which has a free confidential helpline 0808 802 2000, open Monday to Friday, 8am to 8pm.
The MS Legal Adviser mentioned above can also provide legal advice on benefits. And we are always here on the Helpline if you would like to talk through how this affects you.