[access-uk] Re: Stolen Braillenote tangent

  • From: "Colin Fowler" <col.fowler@xxxxxxxxxxxxxx>
  • To: <access-uk@xxxxxxxxxxxxx>
  • Date: Sat, 25 Nov 2006 19:01:19 -0000

Kirsten,

I feel that your accusation towards Brendan and his comments were 
ungrounded. Your presumption that we as tax payers should fund your 
employers oblidations to continue to ensure that you are not at a 
disadvantage compared with others for whom a similar reason would not arise 
are preposterous, and is evidence of the ignorance and systemic abuse of the 
whole Access to work scheme by both employers and employees alike.

As Brendan said it is extremely unlikely that upgrades are so critical as to 
leave you at a substantial disadvantage compared with your colleagues, and 
as you are entitled to a review of your support from Access to Work every 
three years, I doubt very much whether the fact that you have  a reasonable 
adjustment that is not being upgraded every time a new version becomes 
available would be considered to be treating you at a disadvantage or  a 
reasonable demand.

Perhaps I could suggest that rather than you feeling aggrieved by comments 
made by those that work as professionals within this field you approach your 
employer and make a case for them in funding any necessary upgrades similar 
to how they would fund upgrades to their BCM software for the business.

   If then, failing approval by your employer  to fund these upgrades you 
still feel aggrieved you will have the option to consider a case of 
discrimination relating to your disability. You may indeed have a case for 
being treated more favourably than persons for whom a similar reason would 
not apply, but be realistic your employer should fund your reasonable 
adjustments - they have a duty to do so under the Disability Discrimination 
Act 1995 and as I also suspect that your employer may also have a General & 
Specific duty to ensure that Disability Equality is addressed in the way 
they conduct themselves towards their employers who identify as being a 
person with a disability, they may also feel uncomfortable from that aspect 
of the legislation DDA 2005.


Kind regards

Colin Fowler
Disability Consultant
www.social-model.org.uk
Telephone: 01582 483 283
Text/Mobile: 07793 111 253
E mail: col.fowler@xxxxxxxxxxxxxx

----- Original Message ----- 
From: "Kirsten Edmondson" <keaedmondson@xxxxxxxxxxx>
To: <access-uk@xxxxxxxxxxxxx>
Sent: Saturday, November 25, 2006 3:19 PM
Subject: [access-uk] Re: Stolen Braillenote tangent


> Actually I haven't got it out of the box, because I haven't yet been
> supplied with a computer to put it on! and no ... the company will be
> charging me £190 to upgrade as ATW were stupid enough not to get me an 
> SMA!
> So don't just make ridiculous assumptions when you know nothing about my
> situation!
>
> ----- Original Message ----- 
> From: "Brendan Magill" <brendan@xxxxxxxxxxxx>
> To: <access-uk@xxxxxxxxxxxxx>
> Sent: Saturday, November 25, 2006 1:59 PM
> Subject: [access-uk] Re: Stolen Braillenote tangent
>
>
>> Hi Barry, Kirsten and everyone,
>>
>> Barry, the paragraphs I quoted are not available on the Web, they are
>> from an AtW internal document which defines the whole of AtW in some 160
>> pages.  I've been fortunate enough to be able to acquire a copy of this,
>> because of the work which I do, though I had to sell my soul to get it.
>> That's why you  couldn't find it with Google!
>>
>> As for equipment eventually wearing out or becoming obsolete over an
>> extended period of time, there should be no problem in AtW funding a
>> replacement.  It is recognized that technology does move on and that
>> jobs change as a consequence, so if there's any problem then you need to
>> make a fresh application to AtW on the basis that your working situation
>> has changed as a result of changes in technology over time.
>>
>> Kirsten, the query you raise is unlikely to be of real significance.
>> Firstly, changes from one version to the next are rarely so critical
>> that one cannot function with the older version.  Secondly, if a new
>> version comes out so quickly after you've acquired the older one, most
>> suppliers will have a free upgrade policy which should cover you.
>> Thirdly, if you haven't got it out of the box within four weeks of
>> receiving it, you probably don't need it anyway.
>>
>> Cheers,
>>
>> Brendan.
>>
>> -- 
>> BRENDAN MAGILL
>> Business, Employment &
>> Disability Consultancy
>>
>> 8 York Place
>> Worcester
>> WR1 3DR
>> England
>>
>> Phone: +44 (0)1905 28286
>> Fax:   +44 (0)870 127 7856
>>
>> Web:   www.magill.co.uk
>>
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