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

dmg24

lifesizedoll wrote: »

Yes they do lack capacity. Basically I was working for the person in question however problems occurred with the employment with other people that were involved. This is now going to a tribunal and now that it is the other parties involved are passing the blame to the person who was receiving the direct payments who as I have said has autisim and very severe learning difficulties. Just because they signed the contract, can they actually make them liable for the problems that were out of their control.

On your previous posts you said that the parents employ you?

lifesizedoll

This is what I was told, now it has gone to the tribunal they are denying employment and so are the council, and both are saying that the person receiving the direct payments is responsible.

MrsManda

dmg24 wrote: »

I know, my Masters is only this very subject, but I don't want to confuse the OP anymore than they already are! Looking at the previous posts I'm not sure that the disabled person was even the employer.

I'm sorry, I shouldn't have butted in.

Blackpool_Saver

Was the person employing the helper as part of that self directed package paid for by social services? (sorry haven't read the whole thing, not feeling too chipper today)

lifesizedoll

yes, I think you are on about the same thing.

Sueinbirmingham

Mental capacity has to be assessed in relation to the specific decision being made.

Consider this. A person with learning difficulties goes into a shop and buys a loaf of bread. Would you say that you wouldn't give them the bread when they gave you the money because they didn't have capacity to buy a loaf of bread? I venture to suggest that there would only be very, very rare situations in which this would be the case.

Let us suppose then that the person struggled to understand what a loaf of bread was worth. Would you say then that he shouldn't pay for it or would you say that he should pay the standard price?

There are circumstances in which a person lacks capacity to enter into a contract, but in the ordinary course of events, if they are an adult and appear to know what they are doing, you are entitled to assume that they do and to seek remedies at law where the contract is breached.

Blackpool_Saver

I would imagine that the social workers would not have allowed the person to self direct had they not thought them capable of it, but of course I could be wrong.

lifesizedoll

The social workers left all of the work up the parents, which is the cause of the problems. Anyway the person did not deal with the direct payments, does not understand employment etc. Though direct payments states if a person lacks capacity then a suitable person may be appointed but the parents have not signed a contract with direct payments. So is this person then liable for the problems with the employment, I just feel people are passing the book because a mistake has been made to give direct payments to this person alone.

Sueinbirmingham

Who does your contract of employment say that your employer is?

lifesizedoll

It states it is the person with direct payments, but I was just trying to find out if that contract is then valid if they lack capacity.