INTRODUCTION TO LAW FOR SOCIAL WORK

Introduction to Law for social work

BA social work level 1

Introduction to Law for Social Work

BA social work level 1

Attn: Mr. Cross

The Humby Brothers Ltd.

Dear Sir,

I am writing to you on behalf of Mr. Curtis an employee of your organization whose service was discontinued soon after his probationary period. Mr. Adam Curtis had informed you and other officials about his hearing impairment right from the start and his concern was acknowledged by the authorities of your organization. Later on he was suddenly laid off from his job on the reason of hearing impairment. Mr. Adam was given a job to listen to customer problems / complaints on telephone and he did inform all authorities that he is unable to do that. Reference to the situation Mr. Adam has been discriminated by your authority. Under the Disability Discrimination Act (1995 amended 2005)

This Act gives rights to individuals against discrimination on grounds of disability. The Act defines a disability as a physical or mental impairment causing a substantial and long term adverse effect on his/her ability to carry out normal day to day activities ( i.e. those carried out by most people on a daily basis). Employers should also note that the Disability Discrimination Act 1995 makes it unlawful for employers with 15 or more employees (note: the exemption for small employers was removed on 1 October 2004) to discriminate against current or prospective employees with disabilities. Clark - v - Novocold involved an employee who had suffered a serious injury which prevented him from undertaking the main parts of his duties for approximately a year. He was dismissed for that reason. In that case the employer argued that the correct type of person to compare Clark to (or 'comparator') was an employee who, like the disabled person, was incapable of performing the main functions of his job for a year but for a reason which did not relate to disability. (Earnest Wills 2003 Pp. 34-35)

The Court of Appeal determined that the correct comparator in that case was an employee who would be capable of carrying out the main functions of his job over that period. That decision has meant that it is relatively easy to establish a comparator in a disability-related case. In the London Borough of Lewisham - v - Malcom case the House of Lords, by a majority of four to one, effectively determined ...