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Thread: Taking ATOS Healthcare (Assessment Services) to court, can I lose my current award?

  1. #11
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    Although the recording is not permissible in court I assume you could use it by transcribing it into written word as a statement of what was said and just not refer back to any recordings.

    Best of luck to you Christopher.

  2. #12
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    Be very careful with what you do with that recording, get serious Legal Advice before doing anything with it otherwise you could find yourself on the wrong end of Court Action.

  3. #13
    Senior Member NeurologicalNed's Avatar
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    Quote Originally Posted by Jard View Post
    Be very careful with what you do with that recording, get serious Legal Advice before doing anything with it otherwise you could find yourself on the wrong end of Court Action.
    Exactly right. It could end up causing more trouble than good.

  4. #14
    Senior Member Lighttouch's Avatar
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    It might help to share your experience with disability activists who speak on behalf of many disabled people - https://dpac.uk.net/2017/09/work-pen...a-assessments/

  5. #15
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    @ned, that’s not technically true, as with FTT’s a court may compel a recording, as that would be a request if the court system, DWP wouldn’t be able to do anything about it.

    The hard part is getting them to request it without telling them you have it.

    Best of luck, I would advise you get in contact with the Work and pensions select committee, and inform them you have information regarding assessments but you cannot have it published as you are issuing court proceedings, they may agree to see what you have been through anonymously.

  6. #16
    Senior Member NeurologicalNed's Avatar
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    I've just read this on a law site. Someone else asked the same question and this was the advice given.

    It is a general principle that conversations recorded without consent are inadmissible in court, particularly in terms of a criminal proceedings. In civil matters, it similarly follows the concept that a claimant should come to court with 'clean hands'. However, judges are usually more pragmatic in civil cases and if parties are aware of the existence of the recording, then it often be subject to usual rules of disclosure, though this may open the creator of the recording to subsequent litigation regarding the illegality of the recording under Data Protection Act or others.
    Seems like quite a grey area.

  7. #17
    Senior Member Biscuitgazer's Avatar
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    That does not seem like a grey area to me, Ned! To me, it says watch out because the big international firm would like nothing better than the opportunity to crush the OP into a fine pulp for recording them without permission.

  8. #18
    Senior Member NeurologicalNed's Avatar
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    Quote Originally Posted by Biscuitgazer View Post
    That does not seem like a grey area to me, Ned! To me, it says watch out because the big international firm would like nothing better than the opportunity to crush the OP into a fine pulp for recording them without permission.
    Yeah, I don't mean the quote makes it a grey area, the quote, to me, supports what I said in the first place. I mean the arguments other people have put forward here in favour of the recording and then the above quote makes it a grey area. I have always firmly believed it's illegal to covertly record someone and it would never be allowed in court, but now I'm not sure lol.

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