UNISON Helps Win HIV Discrimination Case

Main Category: HIV / AIDS
Article Date: 27 Aug 2007 - 20:00 PDT

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UNISON has won a case on behalf of a discriminated mental health worker who was stopped from being registered as a social worker, despite the fact he complied completely with employment rules during all times of his training and registration application.

The man, who wishes to remain unidentified, works in the mental health sector for a Yorkshire metropolitan district council. And in 2004 he successfully won a scholarship from his employer to attend a Yorkshire university to train as a social worker. His employer had always been aware of his HIV status.

On commencing his university studies he did not officially disclose his HIV status, as it was not a requirement of registration.

He successfully completed his studies and applied for registration as a social worker with the General Social Care Council (GSCC). And fellow colleagues at university had all been given their registrations within the normal 60 days it takes to administer the application. All were approved.

But UNISON's member was advised questions had been raised relating to his suitability to practice as a professional social worker. Enquires revealed the GSCC believed that, because the man had not volunteered his health condition to his university, this called in to question the trustworthiness of his character.

His registration has now eventually been resolved, but only after considerable delay and representations from both his employer, UNISON and the university.

The matter was pursued by UNISON as a Disability Discrimination Claim and the case was heard on 18th and 19th July 2007 at Leeds Employment Tribunal. In a reserved judgement the tribunal has found in our member's favour. They found that taking over six months to register the social worker was unacceptable and that to question his trustworthiness was manifestly unprofessional and wrong.

The tribunal found that the UNISON member had been unlawfully discriminated against pursuant to sections 3a and 14a of the Disability Discrimination Act 1995. The GSCC was ordered to pay £2000 in compensation with a further £166.02 in lost interest. The organisation also came in for particular criticism for their lack of staff training and the time that was taken to make decision in respect of the application.

http://www.unison.org.uk