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

SarEl

dmg24 wrote: »

At least 25% of the population have conditions which could make them subject to the MHA.

Gosh, that small a number? I thought it would be more. So who voted for the government then?

OP - unlike some others here I have absolutely no idea where you are going with this question. If you want a better answer, why not ask a clear and direct question? Very few people have not got the mental capacity to be an employer or conduct their own affairs. If people were banned from being employers on the grounds of impaired mental capacity, there would be few employers left - in my experience :rotfl:

SarEl

lifesizedoll wrote: »

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.

Many people with learning difficulties and autism employ their own support staff and form contracts. Neither condition indicates that they are incapable of making reasoned judgements, and the law and policy of the land says that except in certain very limited circumstances, they are capable of doing so.

lifesizedoll

When you have read the act please do comment! I came on here for advice not to get slated! I understand their are people who have mental health problems, however I am taking about severe problems and ones which the act state that they cannot retain information or make decisions. So please comment in relation to severe conditions which the act talks about.

Gordon_Hose

Who's slating you?

Either ask a direct question so someone can help you with all the information available, or don't. Up to you.

lifesizedoll

If you do not undersand then do not post. I asked if anyone had come across anything like this, you obviously haven't.

Gordon_Hose

LOL! OK.

How do you know I haven't? Are you just assuming?

I've had a condition that is listed under the MHA. Is that qualification enough?

dmg24

lifesizedoll wrote: »

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.

Can you specify which section you are referring to?

lifesizedoll

No I am asking in relation to employment, and you haven't given any advice on that. Basically I was asking if a person who has severe problems who cannot retain or understand information then can they become an employer. On the basis that you have to have a contract with employees and if you do not understand what you are signing then can can you be liable for anything that was to go wrong. I was assuming that if you do not understand then you cannot be liable for anything in that employment, as it would not be fair to hold someone to things that would go wrong if they were unable to understand in the first place.

lifesizedoll

Part 1 Persons who lack capacity

pelirocco

lifesizedoll wrote: »

No I am asking in relation to employment, and you haven't given any advice on that. Basically I was asking if a person who has severe problems who cannot retain or understand information then can they become an employer. On the basis that you have to have a contract with employees and if you do not understand what you are signing then can can you be liable for anything that was to go wrong. I was assuming that if you do not understand then you cannot be liable for anything in that employment, as it would not be fair to hold someone to things that would go wrong if they were unable to understand in the first place.

If the problems were that severe would they be in business anyway