Can you become an employer if you are listed under the mental health act?

lifesizedoll

Hi,

I have an ongoing issue with a previous employment, I listed a thread a while ago. Anyway I am wondering if anyone knows that if you are listed under the mental health act, can you become an employer?

I am thinking that you cannot, because the act states that a person listed under the act cannot give their consent. So therefore any contract you would have with them would not be worth the paper that it is written on. Has anyone ever come across this before?

Many thanks.


*I mean if you have a condition listed under the mental health act*

dmg24

What do you mean by listed under the MHA?

Gordon_Hose

Is there a register for people mentally ill now?

dmg24

Gordon_Hose wrote: »

Is there a register for people mentally ill now?

No, there isn't. There are various orders which people can be under by virtue of the MHA, but there is no such thing as being listed.

Gordon_Hose

dmg24 wrote: »

No, there isn't. There are various orders which people can be under by virtue of the MHA, but there is no such thing as being listed.

Sorry, my flippancy didn't come across very well :rotfl:

dmg24

Gordon_Hose wrote: »

Sorry, my flippancy didn't come across very well :rotfl:

My fault - feeling defensive because I can see the path the OP is leading down!

Gordon_Hose

dmg24 wrote: »

My fault - feeling defensive because I can see the path the OP is leading down!

Yeah, me too

lifesizedoll

Hi sorry I was mean't to put a condition listed under the mental health act.

dmg24

lifesizedoll wrote: »

Hi sorry I was mean't to put a condition listed under the mental health act.

At least 25% of the population have conditions which could make them subject to the MHA. An incredibly tiny proportion of that amount are incapable of consenting to a contract.

I would be careful making the sweeping statements that you have - the MHA and capacity are not even directly linked.

Gordon_Hose

The MHA covers a very broad spectrum of conditions. Not all render you incapable of signing a contract. So it depends on the condition you're talking about really.

lifesizedoll

They are linked. The act states "people who lack capacity are unable to to give their consent". I am not making statements. I am asking for advice as someone has autism and has severe learning difficulties is being suggested as being an employer since they signed the contract.