Tribunal at work, where do I stand benefit wise???

Scarlett1

Jem put a claim in for Income Support straight away, and housing and council tax benefit, if it is queried why you left your job then explain it to them and it shouldnt be a problem, sorry to hear about what you have been through, quiet disgusting really

Scarlett1

duplicate.......

jobbingmusician

Jem, by coincidence I was at a meeting this afternoon where there was a presentation on employment law. One point which came across very forcefully to me was MAKE SURE YOU RAISE A GRIEVANCE TO YOUR EMPLOYERS ABOUT THE WAY YOU HAVE BEEN TREATED. Apparently there are loads of attempts to raise constructive dismissal where the employee has not done this, and it seriously weakens your case. If you have put your concerns in writing already, you can strengthen your case by asking your previous notification/letter to be treated as a formal grievance.

Hope this helps!

changkra

If you have fibro you should be claiming DLA as it is now classed as a recognised disabillity. Phone up for a claim pack and get it sent off as they will back date the claim from the day to asked for the pack is which usually approx 3 months. Theres a link for this info on one of the sticky on this board. Remember when you are claiming you have to write down the very worse day you have not a good day or an average day. CAB will help to fill the forms in for you also depending on how far you can walk and how much pain you are in you could qualify for the mobility component which if you are awarded high rate means that you could if you wanted to Cash that is for a new car. Also it makes no difference to the claim whether or not you are working, not 100% sure but i think the form asks for any benefits you are on but not do you work, could be wrong though but it is your legal right to claim.

ohreally

Jobingmusician is correct.The statutory procedure changed in 2004 and you should ensure compliance with it, keeping written copies of all communication - you should be in a position to demonstrate you at least attempted to comply with your duty even if the employer fails to do so.

https://www.dti.gov.uk/files/file11420.pdf or html http://66.102.9.104/search?q=cache:xgBECtH1QU4J:www.dti.gov.uk/files/file11420.pdf http://www.dti.gov.uk/employment/Resolving_disputes/index.html

jem170884

Thank you for all your posts, I have been away from my computer with hospital appointments.

I filed a grievance and it was ignored, it has now escalated to the employmant tribunal.

I am a big baby really, I could just stick it out and face the music but now my specialist has refused to see me while I am still working there as I am putting my self under un necesarry stress (which worsens the conditon).

I spoke to the jobcentre and they have told me that I would be entitled to Incap or IS but it is a MINIMUM of 2 weeks before they would make a decision.

In the tribunal papers my solicitor has stated that they have taken advantage of me as I am a single parent and they knew I could not afford to leave my job, so maybe this is evidence enough???

Also before I started seeing my solicitor I popped into my local job centre just for advice on where I stand and showed the lady there an email (I just happened to have with me) which read 'you stupid white girl with no brains' - this was from my boss, the lady there nearly passed out when she read it and said she was not qualified to give me legal advice but to hold onto all of the emails for the future if I wished to claim benefits. My solicitor is also not qualified to give me benefit advice so it all seems like a big mess.

In regards to DLA I have tried this and they refused me on the grounds that I can walk un aided and I do not qualify for the carers part of it.

I guess I will have to stick with it untill it goes to court or their is a full settlement made.

jem170884

ukdickie31 wrote:

12 weeks ? !

Which area of the country do you live in ?

If my office is booking a week ahead, I have justify it to my District Manager !

Bristol, but i have now spoken to job centre direct and they have told me not to wait for an appointment and to make the claim over the phone

ohreally

Also have a look here...http://www.cre.gov.uk/legal/rights.html

jem170884

It gets worse now I am worried about my 5 year old, who now wishes she had never been born, I have to quit, I need to make sure my baby is ok!!

shameless-about-money

jem170884 wrote:

I am nearing the fianl stages of taking my employer to an employment tribunal for race discrimination (white girl working in a prodominately asian company) for being referred to as stupid white girl and english princess and also sexual harrassment, inappropriate physical contact by my boss. I have continued working here as I am a single mum and I am worried that it could take up to 3 months before I can claim anything benefit wise, I also have CFS and fybromyalgia so I could also claim disability benefit.

Where do I stand on claiming benefits and as technically if I was to walk out now it would be classed as constructive dismissal, would I be able to claim straight away or would the 12 week period stand?

Please help as all the stress of this is making my condition worse.

You will not be able to claim any of the disability premiums on benefits unless you first have DLA.