Monday, July 29, 2013

Court claim after ‘fitness for work harassment’ during blood transfusion


A disabled woman who claims she lost the use of her last kidney because of harassment from her local jobcentre during an emergency blood transfusion is taking legal action against the Department for Work and Pensions

Lawyers for Annemarie Campbell will this week issue a claim for damages against DWP under the Equality Act, claiming discrimination, and possibly also harassment and a failure to make reasonable adjustments.

Campbell was receiving the blood transfusion in February when her jobcentre called her on her mobile phone to ask when she would be well enough to attend a back-to-work interview.

She had told the jobcentre in central London only the previous day that she would be in hospital for an emergency transfusion, and that she was seriously ill and awaiting a second kidney transplant.

But she says the jobcentre still hounded her while she lay hooked up to life-saving medical equipment in an emergency renal ward of Hammersmith Hospital.

A member of the jobcentre’s staff phoned her and asked when she could attend her work-focussed interview. When Campbell told her she was in the middle of a blood transfusion, the adviser asked her if she could fetch her consultant.

Campbell said: “When I was getting the blood transfusion it was trying to prolong my kidney and make me live a bit longer.

“I was on the phone being upset all the time, constantly trying to explain myself. They were pushing me to go back to work, constantly phoning me and writing to me.”

Five days after the transfusion, she told her consultant that she was going back to work, as a result of the DWP harassment.

But he told her she could not possibly consider working because her life was “on a knife edge”, and he wrote to the jobcentre to explain the seriousness of her medical condition.

She has now lost the use of her last working kidney, which she received in a transplant in 1995, and is convinced that the stress of the jobcentre harassment speeded up that process.

Campbell said: “In the end, because of the harassment and the stress they put me under, I lost my kidney. I was harassed and harassed and harassed and now they have broken me.”

She had been forced to reapply for employment and support allowance (ESA) last autumn after her health deteriorated.

Atos Healthcare – the company that assesses “fitness for work” – told her she would not need a face-to-face assessment and would be placed straight into the support group, for those who do not need to take steps to return to work.

But DWP’s own decision-makers placed her instead in the work-related activity group (WRAG), which meant she would need to attend work-focused interviews, even though she made it clear that she had a job to go back to – she does legal agency work – when she was well enough.

Campbell is currently receiving dialysis for 12 hours a week and is back in the support group, but is now facing yet another reassessment of her fitness for work in September.

Disability News Service