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Category: Eequality

Disability UK Editor Stonewalled By DWP

November 13, 2023 / Disabled Entrepreneur -Disability UK
Stonewall
Image Credit
Disclaimer this article uses trigger words that some readers may find uncomfortable.

DISABILITY DISCRIMINATION – DATA BREACH – EMOTIONAL DISTRESS

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13/11/23 Disability UK Editor Stonewalled By The DWP (Timeline)

I am being stonewalled by the DWP. Regardless if I mentioned that stonewalling can impact someone’s mental health, they do not care and will purposely avoid dealing with the issue in the hope you will give up and go away. Unlike most people, I fight for my rights and do not give up easily. https://disabledentrepreneur.uk/the-impact-on-stonewalling-patients/ I have in total emailed 30 times, and phoned 6 times each call taking about an hour including waiting time getting through, trying to register a complaint.

Complaint Is: ‘How I Have Been Treated’.

My formal complaint:

  1. Disability Discrimination: (DWP) assumed that because I have mental health conditions, I am deemed to be able to do things of an abled body person, which is a contradiction as I suffer from OCD -germ contamination). My medical records were never accessed as the assessor was asking for dates of when I was diagnosed, she also did not know what one of the medications was and asked me to clarify. I believe I have been subject to discrimination based on my disability. Despite my entitlement to reasonable accommodations, I have faced consistent challenges in accessing services and support that are essential for my well-being. This treatment has left me feeling marginalized and disadvantaged due to my disability, which is not in line with the principles of equality and non-discrimination.
  2. Breach of the DWP’s Code of Conduct: (Trigger Questions – Questions about Suicidal Thoughts. The DWP’s Code of Conduct outlines the expected standards of behavior and service provision for its staff. I have experienced an incident where a PIP assessor on behalf of the DWP has acted in a manner that does not adhere to these standards. This includes a lack of empathy, respect, and professionalism when dealing with my specific needs and concerns. I was subjected to immense distress answering questions that were making me feel uncomfortable. I repeated serval times that the line of questioning was making me distressed, but the assessor persisted stating she was unaware the questions were a trigger and that she had to ask the questions. (A professional psychologist would ask on a scale of 1-10 how you are feeling and if have you ever felt low, NOT: (have you ever thought of self-harming or ever tried to commit suicide).
  3. Data Breach: I recently became aware of a data breach involving my personal information within the DWP. This breach has raised serious concerns about the security and confidentiality of my sensitive data, which has been mishandled, potentially exposing me to identity theft and other risks. (Lost Report sent by 2nd class Royal Mail on 12/10/23 not received– Someone has my personal information, I have also asked for a copy to be sent via email which the DWP has refused to do. This is very concerning. ​Data Protection Laws**: The mishandling of my personal data not only constitutes a data breach but also raises concerns about the DWP’s compliance with data protection laws. The failure to protect my sensitive information infringes on my right to privacy and data security, which is protected under the General Data Protection Regulation (GDPR). The General Data Protection Regulation (GDPR) and the Data Protection Act 2018 govern the processing of personal data in the UK and the EU (If the assessor recorded the call without telling me and then went on the share the recording with DWP, she would have breached data protection laws. She would also have to release the call recording if requested by law, which I have done, multiple times, yet DWP claims to not know of a phone recording). I have just received the report that has very sensitive information and mentions this website in the report I requested this report 4 times so that means 3 copies have gone astray and God knows who has read this report and the damage to my reputation. Furthermore, the report is incorrect as the assessor lied in the report. (I have addressed this in my addendum letter).
  4. Emotional Distress: The cumulative impact of the aforementioned issues has resulted in significant emotional distress. The discrimination, lack of support, and the data breach have taken a toll on my mental well-being, causing anxiety, stress, and emotional suffering. (Emotional distress caused by discrimination, humiliation, and data breach has had a significant impact on my mental health and well-being. I am now struggling with my mental health and find it hard to do any work (my business has now been affected because I am struggling to work), my mental health has deteriorated as I now have intrusive thoughts and paranoia, my OCD has shot through the roof). Where I was making progress with my mental health DWP successfully damaged my wellbeing.
  5. Request For Correction – Information rights complaint: I am concerned that my personal information was not handled properly. I understand that before reporting my complaint to the Information Commissioner’s Office (ICO) I should give you the chance to deal with it. If, when I receive a response, I would still like to report my complaint to the ICO, I will give them a copy of it to consider. You can find guidance on your obligations under information rights legislation on the ICO’s website (www.ico.org.uk) as well as information on their regulatory powers and the action they can take.

1. Disability Discrimination

For obvious reasons, I am not going to go into too much detail about this, however, DWP has assumed I can do things of an abled-bodied person even though I have OCD. https://disabledentrepreneur.uk/can-you-get-pip-if-you-have-ocd/

Not once in the conversation with the assessor did she ask how I manage my OCD or the length of time it takes me to do things.

I have written a letter that I have attempted to send to DWP and no one wants to pass it on ( Can you hear alarm bells).

2. Breach Of the DWP Code Of Conduct

The assessor failed to comply with the code of conduct relating to how the assessor did the assessment. I addressed my concerns in the letter that no one wants to pass on. I have the name of someone in DWP and will liaise with this individual by sending the link to this article. He already has the body content of the addendum letter dated 06/11/23 and he claims he could not open the PDF attachments because the system had flagged them. Worst-case scenario I will redact my address off all the letters from my doctor and the solicitor’s letter including sensitive data and post them here. Even the letters I have from my GP and Solicitor are not as sensitive as the content of the report. I do not hide the fact I have OCD and would not be the owner of www.ocd.cymru or www.germawareness.co.uk if I did not have a vested interest.

3. Data Breach (This Is Serious)

To date (cited 13/11/23), I have not had a response to my complaint from the DWP which is being passed from pillar to post (no pun intended), and the blame game of excuses and no concern for the seriousness of my complaint, stating “Royal Mail Have Had Delays“.

Data Breach Seriousness

The point is my sensitive data was sent in 2nd class post against ICO.org.uk guidelines, which I requested 4 times since the 23rd of October 2023 even though my assessment was on the 11th of September 2023, and according to DWP the first report was sent out 12/10/23 but did not arrive. Regardless if the reports were sent out or not it is the content of the report that is alarming to read and some of it is incorrect hence I have requested corrections but I am being stonewalled.

DWP Envelope Of Report
Evidence of DWP Envelope -Crumpled After Salvaging It.

I aim to take my complaint further and am sick to the back teeth of writing regurgitated information, hence have decided to write this in this post for everyone to read.

According to ICO.org.uk Risk-assessing data breaches

Recital 87 of the UK GDPR says that when a security incident takes place, you should quickly establish whether a personal data breach has occurred and, if so, promptly take steps to address it, including telling the ICO if required. DWP has a laid-back attitude it is only me so it does not matter. But what about the rest of the population whose reports have gone astray (Ironically, The DWP has a responsibility under the DPA 1998 not to lose your documents, yet they send 2nd class mail knowing the content has sensitive data).

“A personal data breach may, if not addressed in an appropriate and timely manner, result in physical, material or non-material damage to natural persons such as loss of control over their personal data or limitation of their rights, discrimination, identity theft or fraud, financial loss, unauthorised reversal of pseudonymisation, damage to reputation, loss of confidentiality of personal data protected by professional secrecy or any other significant economic or social disadvantage to the natural person concerned.

Personal data breaches: a guide | ICO

This means that a breach can have a range of adverse effects on individuals, which include emotional distress, and physical and material damage. Some personal data breaches will not lead to risks beyond possible inconvenience to those who need the data to do their job. Other breaches can significantly affect individuals whose personal data has been compromised. You need to assess this case by case, looking at all relevant factors. Make a complaint | ICO

This is a breach of confidence, misuse of private information, breach of duty under the Data Protection Act 1998, and breach of the Human Rights Act 1998.

Data Protection Act 2018:

The DPA 2018 complements the GDPR in the UK and provides additional details and specifications for data protection. It includes provisions specific to the UK context and outlines the powers and functions of the Information Commissioner’s Office (ICO), which is the independent regulatory authority responsible for enforcing data protection laws.

  • Year Enacted: 2018
  • Key Provisions:
    • Outlines the framework for data protection in the UK.
    • Implements GDPR standards into UK law.
  • Website: Data Protection Act 2018

Human Rights Act 1998:

  • Year Enacted: 1998
  • Key Provisions:
    • Incorporates the European Convention on Human Rights into UK law.
  • Website: Human Rights Act 1998

Microsoft Word – FINAL Data Protection Report.doc (parliament.uk)

Data Breach Sensitive Data (Read)

4. Emotional Distress

The amount of emotional distress this has caused me and my mental health to deteriorate is inconceivable. It therefore does not surprise me in the slightest that 82 people have taken their own lives because of the way DWP treated them.

I am worried about my data and who has got it and the lack of concern by the DWP. I could potentially have identity theft as there is enough information in this report to clone me.

The emotional distress this has caused me is inconceivable. (I am NOT feeling suicidal much to the disappointment of DWP). I am way stronger than this, but can you imagine people of the weaker mind and what this does to their mental health?

82 People Have Died Because Of DWP/PIP

5. Request For Correction

The details in the report are incorrect and I have cited all my points in the letter that no one wants to pass on.

Your right to get your data corrected | ICO (Your Rights To Have Data Corrected)

  • security@justice.gov.uk
  • itpolicycontent@digital.justice.gov.uk

Useful Links:

(These are some of the places I plan to contact, including the editors of the publications).

Latest News:

Further Reading:

Correspondence

I first contacted Capita which then told me to contact DWP which is now telling me to contact Capita. (You could not make this up).

I attempted to escalate the complaint to the emails on the government website which all bounced.

These contact details relate to PIP (all have bounced)

  • Direct Claimant: www.gov.uk/pip Email: pip.feedback@dwp.gsi.gov.uk (bounced)
  • Teo Cambeeiro: Complaints Resolution Manager: Email: correspondence@dwp.gsi.gov.uk (bounced)
  • Email: ministers@dwp.gsi.gov.uk Tel: 0800 731 7339 Tel: 0345 606 0265 (not tried)

These Emails Work!

  • correspondence@dwp.gov.uk
  • complaints@capita-pip.co.uk
  • smb-contact.us@capita.com
  • contactus@capita-pip.co.uk

Independent Case Examiner:

I also contacted the Independent Case Examiner:

Although I have gone back to the front I have emailed and phoned the Independent Case Examiner: PO Box 209 Bootle L20 7WA Email: ice@dwp.gov.uk Tel: 0800 414 8529 (email works and so does the telephone number) How to bring a complaint to the Independent Case Examiner – GOV.UK (www.gov.uk) They have responded, but because there is no record of my complaint from the DWP they cannot action my complaint. (Why does that not surprise me)? I am not holding my breath the get a response from the DWP and have given them a deadline of the 17th of November 2023 to respond.

If for one minute they think I will go away over this they have another thing coming. I have rights that have been violated and I will exercise them if I have to.

Union Jack
Image Credit

“I am not just doing this for me, I am doing this for everyone in the UK, who is being mistreated”.

My Argument

I have cited Sir Charles Walker MP who is very vocal about his OCD and he proves that people with OCD can be intellectual and have a mental health disorder:

According to DWP if you have a mental illness you cannot be a carer according to the report I received (this is discrimination) https://disabledentrepreneur.uk/carers-mental-health-discrimination/ Therefore Sir Charles Walker should not be an MP if that’s the case.

I also plan to contact my connections which are advocates of mental health. I have nearly 12k connections on LinkedIn and whilst I am at it why don’t I throw my GP surgery under the bus (metaphorically speaking) for their lack of duty of care after I wrote 3 separate letters to them that were put on the system and never actioned. I complained and the practice manager responded by saying “Doctors are too busy to respond to letters and if I did not like it I should find another GP“, further stating “They are under no obligation to give me care“. Meaning if I continued to complain they would throw me out. (I am dependent on my medication) so you can imagine if I had no doctor at all, hence that is why I have collaborated with online doctors should this ever happen.

What You Should Do

If you find yourself without a response from a complaint made to the Department for Work and Pensions (DWP), it is crucial to take proactive steps to address the issue. Begin by checking the communication channels you used to submit your complaint, such as emails, letters, or online forms, to ensure that your submission was properly received. If possible, follow up through the same channels, politely reiterating the details of your complaint and expressing your concern about the lack of response. Additionally, explore alternative contact methods, such as calling the DWP’s helpline or visiting a local office if applicable. If all else fails, consider escalating the matter by contacting relevant ombudsman services or seeking advice from advocacy organizations that specialize in social welfare issues. Persistence and clear communication are key when navigating bureaucratic processes to ensure your concerns are addressed.

UPDATE 15/11/23

I had a response to an email that I sent this week and the person I liaised with said there is no complaint registered (It makes you laugh when he is a decision-maker).

Considering I have phoned multiple times and complained, no one is logging my complaint furthermore the person I have been dealing with did no understand the context of my complaint even though he received the link to this page as well as several regurgitated emails complaining over and over again that I wish to make a complaint.

I have a screenshot shot his email I received today and also all the emails I have sent since September 2023 trying to make a complaint.

Are they purposely trying to push people over the edge to save public spending?

Email Correspondence Timeline & Evidence

** All the above emails are my email attempts to DWP, autoresponders, and bounced messages. I did have some emails from Capita saying they had logged my complaint (contrary to what the entity today has said) and passed on my evidence.

The rest of the emails from DWP state they would not communicate with me and that I should phone them instead. But each time I phone them they tell me they are not aware of any complaint or that that anything has been passed on to them via email. I feel deflated but I am not giving up.

“How many times do I need to phone them to register a complaint? They are purposely trying to drag this out in the hope I will give up”.

“I cannot wait for this to go to court”!

The Email Today! (15/11/23)

So this entity as I do not know what I am dealing with does not know the context of my complaint even though I sent him the body of my addendum letter and have copied and pasted my complaint at the beginning of this article which I forwarded the link to him is telling me no complaint was ever logged.

For all intent and purpose, I have copied and pasted the email I received today as the images do not reflect the writing very well.

My Complaint Is How I Have Been Treated.

It is not about the money anymore it is the way I have been treated. God help everyone else who has had to deal with these people, who seem to think they can play God with people’s lives.

Here is the email body:

I have looked at the notes. It seems you indicated you spoke to me about an ongoing complaint. This is why there is a confusion. I have since left a clearer not indicating we have never conversed about the complaint, nor is there an active complaint, because you have been advised you are not an email claimant and you need to call or write to us. If you want to make a NEW complaint you can do so by writing to us or calling us. The call agents will now have clarity on the situation. No complaint has been registered. You can then discuss a timeline of events and complaint points with the call handler. Please post us evidence, nothing has been uploaded. You do not have access to email the DWP with an agreed adjustment of email in place. If you want to make this request formally you can do this whilst on the phone to us, or by post. No further emails will be responded to.

For clarification:

  • Disability Discrimination – This is an assessment issue. Go directly to the assessment provider.
  • Breach of the DWP Code of Conduct – I am unsure what this is linked to. Please explain on your call.
  • Data Breach – We send everything second class post, this is a normal process. We are not responsible for lost mail. Please contact Royal Mail.
  • Emotional Distress – You have not formally made a complaint.
  • Request For Correction of Report – This can be dealt with by request on the telephone. You do not have access to email. We are not obliged to respond to any email requests.

My Defence

Considering the Independent Case Examiner gave me the email to the entity I have been dealing with who said I should not correspond by email and he will no longer be returning my messages it just shows what I am up against.

I have phoned five times and tomorrow will be the sixth and have also contacted Capita by email requesting a copy of my report so in total I requested my report 4 times once by email to Capita and three times over the phone to DWP, I have only received one report. In the five phone calls, I said I wished to raise complaints and tomorrow will be the sixth time.

(Talking over the phone is going to go through one ear and out with the other). Even if I phoned 100 times they would not respond to my complaint(s). This is stonewalling at its finest.

This is against my human rights and I exercise my rights not only for me but for the good of the nation.

I will update you in due course when I get to phone them again. I will also start contacting some journalists and Charity CEO’s.

UPDATE 16/11/23

One needs permission to communicate by email apparently as cited by my call that transpired today trying to register my complaint.

The first person I spoke to told me to tell him everything and said he could see notes but they were too long to read.

The second person claimed to have registered the complaint but did not ask in detail what the complaint was over, which tells me they have all my evidence and documentation. I asked for him to read the notes of the decision maker, but he avoided my request, hence I have just sent an online for my information. I will laugh my socks off (NOT) if they send it via Royal Mail.

When I asked how long before my complaint would be dealt with he was evasive and would not give me a timeframe so I gave him a deadline of 14 days as I always do. The 14 days keep repeating every 14 days.

Frustrated at the fact that I was being swept under the carpet I demanded to know who I was liaising with (title) and it transpires he is the ‘Decision Maker’ no wonder the country is in the state it is in when they employ people that cannot read emails properly or read complaints and understand them.

I have since requested my information again but this time on the Gov website: Request your personal information from the Department for Work and Pensions – GOV.UK (www.gov.uk)

Request Your Personal Information

Just to be clear I did ask for the call recording and assessor notes from Capita and they replied that I would get the information in 40 days, which was on the 20th of October 2023.

Making A Complaint

I have found also this source to register a complaint:

https://makeacomplaint.dwp.gov.uk/personal-details (this link is not for DWP/PIP).

Make A Complaint To DWP

This button is for Job Seekers Allowance and Universal Credit I could not find a direct online complaint for DWP/PIP

I did however find this link Complaints procedure – Department for Work and Pensions – GOV.UK (www.gov.uk) but it does not have a way to complain online, I guess it is because of the sheer volume of complaints it gets their website would most probably crash.

Contact the Department for Work and Pensions about its policies – GOV.UK (www.gov.uk)

Ministerial Correspondence Team
Caxton House
Tothill Street
London
SW1H 9NA

Address legal documents to the DWP Litigation Division.

Email the ministerial correspondence team

Send your question using the online contact form (I may contact them using this form).

Write to the ministerial correspondence team

Do not send benefit applications to this address. They will not be dealt with. Find out how to apply for benefits.

Contact the DWP ministerial correspondence team

Conclusion

If I do not get a response from DWP I will start contacting the relevant organizations as cited in this article, plus contact all the Charity CEOs and Media to cover this. I will update you on here if I hear anything.

#dwp #pip #personalindependencepayments #stonewalling #databreach #disabilitydiscrimination #privacyviolation #gdpr #ico #ice #dataprotection #gdpr

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Can You Sue for Emotional Distress and Discrimination?

October 23, 2023 / Andrew Jones / 1 Comment
Emotional Distress

Can You Sue for Emotional Distress and Discrimination?

Emotional distress and discrimination are deeply distressing experiences that can have a significant impact on an individual’s mental and emotional well-being. When faced with discrimination in the workplace, housing, or other aspects of life, it is natural to wonder whether you can take legal action to seek compensation for the emotional distress caused by such treatment

Understanding Emotional Distress

Emotional distress, often referred to as “emotional harm” or “mental anguish,” can encompass a wide range of emotional and psychological symptoms. These may include anxiety, depression, panic attacks, sleep disturbances, and even physical symptoms such as headaches or stomachaches. Emotional distress can result from a variety of experiences, with discrimination being one of the significant factors contributing to its onset.

Emotional distress, in a legal context, can be a central element in a lawsuit when seeking compensation. However, it’s important to recognize that emotional distress claims are often challenging to prove in court. To succeed in such a case, one must typically establish that the emotional distress was a direct result of the discriminatory actions or behaviors.

Suing for Discrimination

Discrimination, whether based on race, gender, age, disability, religion, or other protected characteristics, is prohibited by various laws. Discrimination is an affront to the principles of equality and human rights, and it is unequivocally prohibited by law in the United Kingdom. Those who experience discriminatory treatment in various aspects of life, including employment, housing, education, and access to goods and services, have the legal right to seek redress through the UK’s robust anti-discrimination framework. This framework, rooted in both domestic and European legislation, offers individuals the means to pursue justice and hold those who engage in discriminatory practices accountable.

To sue for discrimination, you generally need to prove the following elements:

  1. You are a member of a protected class: You must belong to a group that is protected by anti-discrimination laws. For example, if you are suing for racial discrimination, you should belong to a racial or ethnic minority group.
  2. Adverse action: You must demonstrate that you suffered an adverse action, such as being fired from your job, denied housing, or experiencing unequal treatment in comparison to others.
  3. Causation: You need to establish a causal link between your membership in the protected class and the adverse action. In other words, you must show that the adverse action occurred because of your membership in the protected class.
  4. Discriminatory intent: You must prove that the adverse action was taken with discriminatory intent or motivation, such as racial bias or gender discrimination.

Suing for Emotional Distress

To sue for emotional distress, you typically need to demonstrate that:

  1. You have experienced severe emotional distress: The emotional distress you have suffered must be severe and substantial, causing significant disruption in your life.
  2. The distress is a result of the discriminatory actions: You need to establish a direct link between the emotional distress and the discrimination you experienced. This can be challenging, as emotional distress can be caused by various factors.
  3. You have supporting evidence: It is essential to have documentation and evidence to support your emotional distress claim. This may include medical records, therapist reports, or eyewitness testimony.

Challenges and Limitations

Suing for emotional distress and discrimination can be complex and challenging. There are several potential hurdles to consider:

  1. Proof: Proving emotional distress and discrimination can be difficult, as it often relies on subjective experiences and intentions.
  2. Statute of limitations: There are time limits for filing discrimination claims, which can vary depending on the jurisdiction and the specific law.
  3. Legal costs: Pursuing a discrimination case can be costly, as legal fees and court expenses can add up quickly.
  4. Outcomes may vary: Success in discrimination cases can vary widely, depending on the strength of your evidence and the effectiveness of legal representation.

What if Personal Independence Payments (PIP) Discriminate and cause emotional distress?

If you believe that the process or decisions related to Personal Independence Payments (PIP) discriminate against you and have caused you emotional distress, it is essential to understand your rights and options. PIP is a disability benefit in the United Kingdom, and it is meant to provide financial support to individuals with disabilities or health conditions.

If you believe you’ve experienced discrimination in the PIP application or assessment process, or if you’ve been denied PIP despite being eligible, here’s what you can consider:

  1. Gather Evidence: Begin by collecting any evidence that supports your claim of discrimination or emotional distress. This may include written communications, medical records, statements from healthcare professionals, or personal testimonies from witnesses to the discrimination or distress. Request copies of all audio recordings and transcripts.
  2. Understand Discrimination: Discrimination in the context of PIP may relate to treating you unfairly based on a protected characteristic. Protected characteristics include disability, age, gender, race, religion, and sexual orientation. If you believe you were treated unfairly because of one of these characteristics, you may have a discrimination claim.
  3. Complaints Procedure: The first step is to use the official complaints procedure of the Department for Work and Pensions (DWP), which administers PIP. You can make a formal complaint about your experiences or decisions. Provide as much detail and evidence as possible to support your complaint.
  4. Seek Legal Advice: If you are not satisfied with the response from the DWP or if you believe that the discrimination and emotional distress you experienced warrant further action, consult with a solicitor or an advocacy group specializing in disability or discrimination issues. They can advise you on your legal rights and the potential for legal action.
  5. Tribunal Appeal: If you’ve been denied PIP and believe you are eligible, or if you believe the assessment process was discriminatory, you have the right to appeal to the First-tier Tribunal. At the tribunal, you can present your case and provide evidence of the discrimination and emotional distress you experienced.
  6. Document Emotional Distress: To establish emotional distress, consider seeking support from mental health professionals, therapists, or counselors. They can provide expert testimony regarding the emotional impact of discrimination and the PIP process on your mental well-being.
  7. Support from Advocacy Groups: Several advocacy groups in the UK specialize in supporting individuals facing difficulties with PIP and other disability-related benefits. These organizations can provide guidance, emotional support, and resources to help you navigate the process.

It’s important to remember that pursuing a discrimination claim can be a complex and challenging process. Success may vary depending on the strength of your case and the evidence you can provide. Seeking legal advice and the support of advocacy organizations can be invaluable in your efforts to address discrimination and emotional distress related to PIP. Additionally, staying informed about your rights under disability and discrimination laws in the UK is crucial as you seek justice and fair treatment.

When making a phone call recording in the UK do you have to notify the other person they are being recorded by law?

In the United Kingdom, the laws regarding recording phone calls are governed by the Regulation of Investigatory Powers Act 2000 (RIPA) and the Data Protection Act 2018. Under UK law, it is generally legal to record phone calls without the consent or knowledge of the other party, provided that you are the one initiating and participating in the call. In this situation, it is considered “one-party consent.” This means that if you are one of the participants in the call and you wish to record it for your own use, you are generally not required by law to inform the other party that the call is being recorded. However, it is essential to ensure that the recording is for lawful purposes, and it should not be used for malicious or illegal activities.

It’s important to note that if a third party wishes to record a phone call in which they are not a participant, such as recording someone else’s conversation without their consent, this could be a violation of privacy laws, and it may not be legal without proper consent or a legitimate reason. Therefore if the DWP (the third party) wishes to have the recording of the assessor and the claimant, the claimant must be informed the call is being recorded.

If you are planning to record phone calls, it’s always a good practice to be transparent and inform the other party at the beginning of the call that you intend to record it. This not only helps maintain trust and open communication but can also prevent any misunderstandings or legal complications that may arise in specific situations.

Please keep in mind that legal requirements and interpretations may change, so it is advisable to consult with legal counsel or relevant authorities for the most up-to-date information on recording phone calls in the UK.

Conclusion

Suing for emotional distress and discrimination is possible, but it is essential to understand the legal requirements and challenges associated with such cases. Emotional distress claims often go hand-in-hand with discrimination cases, as the emotional harm caused by discriminatory actions can be significant. If you believe you have a valid claim, consult with an experienced attorney who specializes in discrimination cases to assess your situation, gather evidence, and navigate the legal process. While success is not guaranteed, pursuing justice in cases of discrimination and emotional distress is an essential step toward addressing unfair treatment and protecting the rights of individuals within a diverse society.

In the case of the Editor of Disabled Entrepreneur – Disability UK, the experience of discrimination, humiliation, and emotional distress at the hands of the Personal Independence Payments (PIP) system sheds light on the very issues that this article has explored. It underscores the need for vigilance in safeguarding the rights of individuals with disabilities and the imperative of holding discriminatory practices accountable. The personal stories of those affected serve as a powerful reminder that while the UK has made significant strides in the protection of disability rights, there is still work to be done to ensure that all individuals can access the support and services they need without enduring discrimination or distress. The Editor’s experience underscores the importance of continued advocacy and reform in addressing these critical issues in the UK.

#emotiondistress #discrimination #dataprotectionact #gdpr #ripa #law #telephonerecordings #humanrights #equality

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