[Update] Discrimination Claim

Hi all, I have an initial public hearing on 27 January to deal with the claim I mentioned before here:  Making a claim for discrimination against autism 

My claim is against a psychologist who blames my (perceived) autism for my (alleged) bad parenting without actually giving any example of either! 

Parents
  • so i'm curious what legal theory you are using here. Harasment, failior to make a resionabal adjustment or discrimination arising from disability?

    Also I'm curious was the psyciatriests report prepaired at the behest of the judge or a 3rd party. If the former how will you address schedule 3 section 3(1)b?

  • I'm claiming defamation and discrimination (by perception). Effectively failure to consider whether there's any evidence that reasonable adjustments are even needed.

    The judge (who had ordered me and someone else to instruct and pay the psychologist) allowed me to share the psychologist's report (redacted to protect the identity of people other than the psychologist and myself) with the HCPC and the civil court.

  • discrimination by perception is not a legal term I'm familer with. And I wouldn't now where to start with defermation. have you narrowed down which spicific sections of the equality act you'll rely on for your argument for discrimination?

  • Equality Act 2010 Section 13(1) "Direct discrimination: A person discriminates against another if, because of a protected characteristic, they treat them less favourably than they treat or would treat others."

    You don't have to be disabled. You just need the discriminator to think (perceive) you're disabled, even if they're wrong. 

    For example, in Chief Constable of Norfolk v Coffey [2019], the Court of Appeal found that an employment tribunal was correct when it concluded that Mrs Coffey was discriminated against because of a perception that Mrs Coffey was disabled, despite Mrs Coffey’s contention that her condition did not meet the definition of disability under the Act.  

Reply
  • Equality Act 2010 Section 13(1) "Direct discrimination: A person discriminates against another if, because of a protected characteristic, they treat them less favourably than they treat or would treat others."

    You don't have to be disabled. You just need the discriminator to think (perceive) you're disabled, even if they're wrong. 

    For example, in Chief Constable of Norfolk v Coffey [2019], the Court of Appeal found that an employment tribunal was correct when it concluded that Mrs Coffey was discriminated against because of a perception that Mrs Coffey was disabled, despite Mrs Coffey’s contention that her condition did not meet the definition of disability under the Act.  

Children
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