Deaf News: Legal challenge to Access to Work cap goes to High Court (via OnRec)

The High Court has ruled that a legal challenge of the Access to Work cap can go ahead. The restrictions were introduced by the Department for Work and Pensions to limit the amount of support that individuals can be awarded by the once flagship disability employment scheme. (1) The launch of the challenge comes just a few months after the government published its disability employment strategy with the ambitious target of getting one million more Disabled people into work (2). It also follows publication in October 2017 of research commissioned by Inclusion London which found evidence of systemic problems with Access to Work (3).

The cap which will fully come into force in April 2018 (4) disproportionately impacts on Deaf BSL users and Disabled people with high support needs, effectively removing employment support from those with the most complex needs and placing them at a disadvantage when trying to get into, stay in and get on in paid work. The case is being brought under the Equality Act 2010 with funding from the Equality and Human Rights Commission.

Claimant David Buxton said: “I am extremely pleased to learn that my case has been granted a hearing on the basis that I have an arguable case that the Government has acted unlawfully.

The two key issues being heard relate to the public sector equality duty and indirect discrimination.  As a Chief Executive, it cannot be right that my career is impacted by limiting my language and communication needs because I am Deaf and use British Sign Language. There is some way to go yet but the support from the Equality and Human Rights Commission and my legal team are signs that this is a case which could challenge and change existing practices, decisions and future provision.”

Read the full article here: http://www.onrec.com/news/news-archive/access-to-work-cap-goes-to-the-high-court