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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48783
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Ben... Further to our last... Well I have now been to a

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Hi Ben... Further to our last... Well I have now been to a first 'consultation' in Aberdeen at my own not inconsiderable expense where my score was explained to me and I could offer examples of how I thought it should be raised. The matrix is eight sections
and there is a maximum value of thirty points available and to be ' safe' and taken off the list, you need to score 23 points. I scored 20 points and at that first meeting I gave them lots of examples of certain sections where my score was in my opinion, incorrect
and should be raised. I have just had my second consultation by conference call and managed to get my score up to 22 points.. Good but still short by one. I argued vehemently for a raise in the section on flexibility as I explained at length how I have shown
great flexibility in coming back from such a serious illness and completing my full years contract days(100) offshore, in just six months and still making all my regular appointments and examinations and undertaking various intensive courses etc.. We are still
arguing this point and at logger heads , but they have agreed to a further week to get further info and examples to produce to them. So this leads to my question...... We also disagreed on another section of this matrix scoring and that was in the category
of 'skills'.. The points available are 1,5,or 10. I scored 5 here for my current qualifications , but to achieve the ten points maximum I would have had to have attended what is called a PRS course ( automatic hyperbaric welding course). Now this course was
run whilst I was off sick and being treated for my cancer, so I had no opportunity to attend this and wasn't even aware that it was being run ! The extra five points for this course is significant in value as it places the 24 divers who completed it, virtually
exempt from the redundancy process. Example..if I had this course I would now be on 27 point! Admittedly 43 divers never took it for various reasons,BUT , they were available and have had the opportunity to apply for it ,where I did not and I feel that I am
at a disadvantage to them and more significantly , those five points have given those who took this an advantage over myself and I feel this could be discrimination?? Regards Shaun
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello Shaun, the scoring could indeed be discriminatory because it is a provision, practice or criterion which places you at a particular disadvantage because of your disability. Had you not been disabled then you would have had the opportunity to undertake the training and your score would have been higher than it is. So it is possible indirect disability discrimination. What the employer should do is put you on an equal footing with those employees who were not affected by a disability and had the chance to do the course. So it would mean either capping everyone at 5 points or starting you on 5 points (i.e. offer 5 points if you would have scored 1, and 10 points for 5) to bring you in line with others. This is not preferential treatment, it is ensuring that you are not disadvantaged because of your disability. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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