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Outcome of the European Parliament Disability Employment Petition

John Wilson | 27.06.2005 09:03 | Health | Repression | Social Struggles | London

Adding to the lengthy British Human Rights case put in 2003 (re. British Labour Court decision,involving my dismissal at home in England on disability by the British Home Hospital ),I filed a petition re.disability,which was found admissible on the 24.3.2004. It has now been replied to.

To recapitulate, I was employed with the British Home Hospital before and after a shoulder replacement, where I worked as a carer for the disabled. The Home dismissed me on my shoulder prothesis, although my sickness record was impeccable. After 2 1/2 years of working for the British Home following my operation, I was suspended and dismissed because I acted as employee representative for the nurses of the Home, who were illegally underpaid ( see Croydon Advertiser article,  http://iccroydon.icnetwork.co.uk , type "BHHI" into search facility ). I was suspended to have a health assessment done paid for by the British Home to be found 100% unfit, which was accepted as a legitimate practice by the British Tribunal. As I could not find employment with any British employer having been dismissed on disability, I left my home to settle in Germany, where, as part of the disability procedure there, my fitness to work was thoroughly assessed by an employer - independent mandatory body. I was found 25% disabled and work as a carer on the community now.

The European Parliament summarized in their response, that "The petitioner, Mr Wilson, finds it discriminatory that under United Kingdom social security legislation he was deemed to have 100 percent disability and as a result lost his job, while after moving to Germany, under the social security legislation in that Member State he was only deemed to have 25% disability and consequently considered capable of working." The Petition Commission points out that in Britain the "Directive 2000/78/EC was supposed to be incorporated into national law, which bans any form of discrimination in employment". Regarding the contradicting British Employment Tribunal decision ( referred to as the 'British Labour Court'), it continues to say that whilst "refusing to comment on this particular ruling" that the United Kingdom, although supposed to have adopted the directive on the 2.12.2003, "officially requested an additional extension" to be "able to transpose the disability provisions into its national legal system". Therefore the Commission declared that they are at this stage unable to take any action in this matter.

In the light of a response which still allows leeway for British employers and Tribunals when dealing with basic human rights for the disabled, where other EC Member States have to adhere to the European guidelines,makes our ongoing campaign against disability discrimination in Britain pivotal. Particularly physically impaired UK employees and those with chronic weaknesses and ongoing conditions are affected, who continue in the light of this British leeway to have to conceal their impairments to get a job or keep it. Alternatively, as in my case, they are vulnerable to be sacked when they speak out on employment practices. This is neither in the interest of the employee nor the employer. Hence, please carry on supporting our campaign to get equal rights into place for disabled employees in the UK. We plan to file a petition to the British Parliament incorporating this response of the European Parliament shortly. Many thanks also to the people who sent messages of support to me here in Germany, a particularly respectful "Thank you" to my Croydon Labour MP Geraint Davies, HRH Princess Alexandra, the Patron of the British Home Hospital, and to Prince Charles for their personal messages of support, which are greatly appreciated.

John Wilson
- e-mail: John_Wilson@freenet.de