Help Required

amartin1908

My father in law recently contracted bowel cancer, had the op etc and was due to return to work to be told by his boss that he was being made redundant. He said it is because there isn't enough work but we know it is because my father in law cannot work in the capacity he used to.

So anyway, he is accepting the redundancy but has now had a bit of a change of misfortune. There have been complications from the op and he is quite useless at the minute and cannot actually think about going back to work.

The DWP have said that he needs to sign on for JSA but his doc is signing him off. Can he claim for Incapacity Benefit or whatever it is called now as he isn't able to look for work for the forseeable future?

Emmzi

so he has taken redundancy and got his cheque etc?

I think ESA or IS - better asking on the benefits board.

amartin1908

No cheque as yet. They have dated all the paperwork from the 29th July but have told him he has to seek a solicitor to check it all over. They only gave him the paperwork yesterday. They aren't continuing to pay him either, saying they don't have to as the redundancy is active from 29th July even though its not signed and they have not yet paid out

fluffy70

there is a time limit as to how long after redundancy they have to payout....... it should ordinarily be paid on the last working day or payday unless they have negotiated either with him or his union. I would say that if he hasn't received ANY pay then he needs to contact them as soon as possible and if then no joy he needs to speak to ACAS or his union.... if he seriously thinks that he was selected for redundancy on the grounds of his illness and diminished capability then he may well have a valid case of unfair dismissal