A judge has concluded that the wellbeing of those with mental health problems is not being considered when it comes to ‘fitness for work’ assessments. The Department for Work and Pensions has failed to protect those with mental wellness difficulties by not making reasonable adjustments in the assessments to ensure a level playing field for all.
These ‘fitness for wok’ assessments are used by hundreds of thousands of jobseekers every year to assess whether they are eligible to claim benefits such as sickness benefit, but it has long been thought that they were extremely ill conceived, and actually discriminated against those who had mental health problems. The landmark ruling by the judge in this case has therefore been hailed with much celebration by mental health charities, who have long campaigned for change.
Three judges sat on the tribunal panel, coming to the conclusion that the Department for Work and Pensions had not treated claimants with mental and emotional health problems fairly, putting them at a significant disadvantage within the system.
Charities welcomed the ruling, and at the same time have called for the Government to stop making any assessments in the meantime, while this issue is thoroughly investigated. The Department for Work and Pensions, however, have stated categorically that they will be appealing against the ruling that has been made, and that they have no intention
Directors of three charities that backed the case welcomed the judgment, and called on the government to stop assessing people’s fitness for work under the current system until the issue was resolved.
However, the DWP said it would appeal against the ruling, and stated it did not intend to halt the assessment process in the meantime, but will be using the current system whilst that process is carried out.
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