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

SarEl

The contract is vaild until you prove (in another court, because a tribunal will not ever rule on such a matter) that the person is not competant and was not competant at the time that they signed the contract.

lifesizedoll

Ok thanks.

Blackpool_Saver

lifesizedoll wrote: »

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.

quite possibly and it's buck......

Sueinbirmingham

Of course, if you can prove that the employer didn't have mental capacity to employ you, then there will be no contract of employment, so you'll have no employment rights. I don't think that I'd want to argue that my employer wasn't my employer when I was trying to stop them sacking me or changing the terms of my employment.

lifesizedoll

Yeah I supose you are right, never thought about it like that! I just never had an issue with this person, it was all the other people involved, and now they are all letting her down.

lifesizedoll

Just an update on this post if anyone ever needs to know the same thing. I have been to the tribunal and they have declared the person who 'employed' me as not having the capacity to consent so therefore they are not responsible for my employment. They have not ruled out the other parties involved as being my employer but that is for another hearing. Some may think I have shot myself in the foot with this as I may now not have an employer but there would have been no justice in taking someone to court who would did nothing wrong.

So if anyone is ever reading this again, then someone who doesnt have the capacity as per MCA 2005 cannot be held responsible for a contract they have signed.

spooky25

Hi lifesize

In realtion to your post I have read most of the posts made by yourself and others regarding this matter.
If an indvidual is unable to have the capacity in order to employ somebody ,then under the capacity act a person who lacks capacity can have an advocate to work on their behalf to carryout such things as employing people and also general day to day stuff once you have worked out who is the advocate directly involved with the said person you then can deal with the issues that you need addressing.

all the best spooky