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Can I go Temping?

BatOutOfUll
Posts: 85 Forumite
I had an SCI in February and after rehab left Pindefields in April.
In June I was signed off 'Fit to Work'
I cannot go to work as I cannot get in the door in my wheelchair and cannot get into my 1st Floor Office, so the Company kept me on SSP.
My SSP ran out in August but I cannot claim ESA as I am fit and able to work.
This means I am getting NO Benefits (DLA refused - on Appeal - MP involved - 18 month wait)
Work say it will be too expensive to install a lift and I cannot work on the Ground Floor as it's a Warehouse/Storage/Archive area set at a temperature below that of the Shops and Factories Act.
I can't get benefits apart from LHA and that doesn't cover the rent. I'm not being paid by my Employer. The DWP say work should be paying me a full salary while off as it's not my fault I can't get in the building to work.
I've raised a Grievance as if I am to go to an Employment Tribunal it will be asked 'did you try to resolve this?'
Meantime I haven't had a penny from work and they still haven't made 'reasonable adjustments' to let me back in the building.
As I'm behind with the rent, does anyone know if it's possible to do Agency Work whilst employed by someone else?
I look on it as if I were able bodied I would have a second job to make ends meet and therefore would work the hours I'm NOT at my main place of Employment.
But because I want/need to work 45 hours a week I can't do this without working Mon-Fri
Would I be in breach of my Contract if I were to do some temping work Mon-Fri? They have said I wont be back at work before the year ends.
I have one son on JSA and another an apprentice on Min wage for 18 yo so I can't get Income Support.
It's only my sons wages that are keeping us afloat and the Savings I had for my Wedding (Wedding called off now) I have declared these, but it doesn't matter as it's less than the permissible amount allowed and swiftly disappearing as I've nothing to live on.
I've asked my Employer (nicely) to pay me and my Solicitor has asked them less nicely in the form of a Letter of Intent (I think that's what it's called?)
I have enough Money put by to last until January. After that I don't know what to do.
Work had the temerity to say 'Well you get DLA, use that'
I don't get DLA. Even if I did it's not for rent. I'm sitting in a Battered old Wheelchair as I can't afford a new one. I'm not allowed to drive anymore, so my DLA would have gone on a Lightweight Wheelchair.
I've even had to set up a GoFundMe account to try and raise money for the things I need. The last thing I had to pay for was a Wheelchair Ramp to my front door as I was stuck inside.
I'm applying for jobs but my Contract says I have to give a Months notice.
I hadn't taken any holidays this year so they owe me 26 days holiday pay. They wont pay that till the year end (Dec) In case I leave/am dismissed and end up oweing them money.
All I want to do is work and Temping work would tide me over until the Company decides how to dismiss me
They have to be very careful how they do it because my job is still there being done by a temp who is on a lower Hourly Rate than me
Sorry this is a ramble. I just need to know if I can do a bit of Agency Work.
If work do install a lift they will lose office space as it will be a platform lift that brings me up through the floor. Health and Safety are freaking about this.
And if they do decide to knock the building about the estimation is around 3 months to complete.
I'm desperate to work, work wont let me/pay me and I can't resign as I'll be sanctioned for giving up my job.
At least JSA would be something, but unless they sack me I wont qualify and they wont sack me because they know I will bring a Discrimination Case against them.
Any ideas? Remploy are nudging my Employers and so are Access to Work, but work say they wont have external agencies involved!
If I was sick I might get ESA but if I ask my Doc for a sick note, my Employers wont do the Adjustments as it's not needed as I'm sick!
In June I was signed off 'Fit to Work'
I cannot go to work as I cannot get in the door in my wheelchair and cannot get into my 1st Floor Office, so the Company kept me on SSP.
My SSP ran out in August but I cannot claim ESA as I am fit and able to work.
This means I am getting NO Benefits (DLA refused - on Appeal - MP involved - 18 month wait)
Work say it will be too expensive to install a lift and I cannot work on the Ground Floor as it's a Warehouse/Storage/Archive area set at a temperature below that of the Shops and Factories Act.
I can't get benefits apart from LHA and that doesn't cover the rent. I'm not being paid by my Employer. The DWP say work should be paying me a full salary while off as it's not my fault I can't get in the building to work.
I've raised a Grievance as if I am to go to an Employment Tribunal it will be asked 'did you try to resolve this?'
Meantime I haven't had a penny from work and they still haven't made 'reasonable adjustments' to let me back in the building.
As I'm behind with the rent, does anyone know if it's possible to do Agency Work whilst employed by someone else?
I look on it as if I were able bodied I would have a second job to make ends meet and therefore would work the hours I'm NOT at my main place of Employment.
But because I want/need to work 45 hours a week I can't do this without working Mon-Fri
Would I be in breach of my Contract if I were to do some temping work Mon-Fri? They have said I wont be back at work before the year ends.
I have one son on JSA and another an apprentice on Min wage for 18 yo so I can't get Income Support.
It's only my sons wages that are keeping us afloat and the Savings I had for my Wedding (Wedding called off now) I have declared these, but it doesn't matter as it's less than the permissible amount allowed and swiftly disappearing as I've nothing to live on.
I've asked my Employer (nicely) to pay me and my Solicitor has asked them less nicely in the form of a Letter of Intent (I think that's what it's called?)
I have enough Money put by to last until January. After that I don't know what to do.
Work had the temerity to say 'Well you get DLA, use that'
I don't get DLA. Even if I did it's not for rent. I'm sitting in a Battered old Wheelchair as I can't afford a new one. I'm not allowed to drive anymore, so my DLA would have gone on a Lightweight Wheelchair.
I've even had to set up a GoFundMe account to try and raise money for the things I need. The last thing I had to pay for was a Wheelchair Ramp to my front door as I was stuck inside.
I'm applying for jobs but my Contract says I have to give a Months notice.
I hadn't taken any holidays this year so they owe me 26 days holiday pay. They wont pay that till the year end (Dec) In case I leave/am dismissed and end up oweing them money.
All I want to do is work and Temping work would tide me over until the Company decides how to dismiss me
They have to be very careful how they do it because my job is still there being done by a temp who is on a lower Hourly Rate than me
Sorry this is a ramble. I just need to know if I can do a bit of Agency Work.
If work do install a lift they will lose office space as it will be a platform lift that brings me up through the floor. Health and Safety are freaking about this.
And if they do decide to knock the building about the estimation is around 3 months to complete.
I'm desperate to work, work wont let me/pay me and I can't resign as I'll be sanctioned for giving up my job.
At least JSA would be something, but unless they sack me I wont qualify and they wont sack me because they know I will bring a Discrimination Case against them.
Any ideas? Remploy are nudging my Employers and so are Access to Work, but work say they wont have external agencies involved!
If I was sick I might get ESA but if I ask my Doc for a sick note, my Employers wont do the Adjustments as it's not needed as I'm sick!
0
Comments
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Contracts have two halves. If they're not paying you - they may have broken theirs.
Read carefully your employment contract.
You can claim ESA in principle if you're fit for work, as long as you tick the right box in terms of your disability.
However, my first step would be to try to make a fresh claim for JSA, on the basis that you're not being paid, you are available for work.
Another thought which arises is to turn up at work.
Simply turn up, and say you're willing to work.
If you've not been formally suspended, and are willing to work - especially if you are willing to adjust your employment - perhaps stating that you're willing to with the appropriate clothing in the warehouse - then their refusal to allow you to do so would seem a pretty obvious case of breach of contract - and your resignation would then be constructive dismissal, not a resignation as such.
This is however a question for the Employment boards - not really a disability question as such.
The disability in some ways is a red herring - as if you turn up at work and are not paid - they are likely in breach of their contract (assuming you had fixed hours)0 -
They only need to pay you whilst making reasonable adjustments, and installing a lift is only going to be reasonable for an employer with access to a great deal of funds. Is this a large employer?
I would contact Access to Work and ask them to come out and assess how (or indeed, whether) your needs can be met. They may also be able to provide funding.0 -
Hello
I can't answer your questions but I really want to say how sorry I am for you. This sounds a terrible situation to be in.
Are you able to use crutches to get around at work - I don't know anything about your medical condition and how it affects you.
Even if you are able to go temping, would you not have the same problems with wheelchair access? Again, I am so sorry for what you are going through at the moment. I hope everything works out well for you.0 -
Have you asked wheelchair services for a new wheelchair?
Or tried a charity for help to get fund a new one, where you in the forces perhaps or are you in a union?
Is their another medical reason for you being unable to drive? many of us fulltime wheelchair users drive using hand controls.
I cant understand why you were refuse DLA, if you are a fulltime wheelchair user the mobility componant is normaly a shoe in as you obviously are unable to walk at all.
Did your spinal unit help you with the claim form? In my unit they assist you with the benefit forms before you are discharged.
Can a stairlift not be installed at work?
They take up very little room and if you can transfer easily it would be a very easy and inexpensive way to fix the problem and access to work should help with both the stairlift and a comfortable wheelchair to be used upstairs.
I hope a solution is found soon0 -
Something to consider about work is not only the way in, but the safe method of evacuation out or suitable safe refuge place. These may be the reason for not just a simple stair or platform lift....0
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Have you asked wheelchair services for a new wheelchair?
Or tried a charity for help to get fund a new one, where you in the forces perhaps or are you in a union?
Is their another medical reason for you being unable to drive? many of us fulltime wheelchair users drive using hand controls.
I cant understand why you were refuse DLA, if you are a fulltime wheelchair user the mobility componant is normaly a shoe in as you obviously are unable to walk at all.
Did your spinal unit help you with the claim form? In my unit they assist you with the benefit forms before you are discharged.
Can a stairlift not be installed at work?
They take up very little room and if you can transfer easily it would be a very easy and inexpensive way to fix the problem and access to work should help with both the stairlift and a comfortable wheelchair to be used upstairs.
I hope a solution is found soon
I've asked for a Wheelchair they gave me a Standard NHS Heavy one which unless someone pushes me I can't get about in. So it's gone into the Garage
I was in the forces but they don't have that sort of money to flash about. They have offered 'emotional' support.
I haven't had an assessment for Hand Controls as it's in Leeds and even if I pass I can't afford a Car as I'm not getting DLA
I filled in the forms myself and the CAB filled in the Appeal. I couldn't claim while in Hospital as I hadn't done the 3 qualifying months.
Can't install a Stairlift as H & S wont allow it as it blocks the stairs.0 -
Terrysdelight wrote: »Hello
I can't answer your questions but I really want to say how sorry I am for you. This sounds a terrible situation to be in.
Are you able to use crutches to get around at work - I don't know anything about your medical condition and how it affects you.
Even if you are able to go temping, would you not have the same problems with wheelchair access? Again, I am so sorry for what you are going through at the moment. I hope everything works out well for you.
Well an Agency would only place me where there is Disabled Facilities.
I can use sticks on a 'good' day but H & S wont allow me to use them in case I fall on the stairs.0 -
Jonboy_1984 wrote: »Something to consider about work is not only the way in, but the safe method of evacuation out or suitable safe refuge place. These may be the reason for not just a simple stair or platform lift....
Access to Work says they have to provide an EvacChair to carry me out.0 -
jacques_chirac wrote: »They only need to pay you whilst making reasonable adjustments, and installing a lift is only going to be reasonable for an employer with access to a great deal of funds. Is this a large employer?
I would contact Access to Work and ask them to come out and assess how (or indeed, whether) your needs can be met. They may also be able to provide funding.
They will. But Only if my employer provides 3 quotes for the work. My employer has taken till now to even do a risk assessment on me, let alone ONE quote.
They have pulled out and closed the claim as it's taken too long. I have to submit a fresh claim but my Employer will have to pay 20% due to the size of the company. They don't want to pay that 20%0 -
rogerblack wrote: »Contracts have two halves. If they're not paying you - they may have broken theirs.
Read carefully your employment contract.
You can claim ESA in principle if you're fit for work, as long as you tick the right box in terms of your disability.
However, my first step would be to try to make a fresh claim for JSA, on the basis that you're not being paid, you are available for work.
Another thought which arises is to turn up at work.
Simply turn up, and say you're willing to work.
If you've not been formally suspended, and are willing to work - especially if you are willing to adjust your employment - perhaps stating that you're willing to with the appropriate clothing in the warehouse - then their refusal to allow you to do so would seem a pretty obvious case of breach of contract - and your resignation would then be constructive dismissal, not a resignation as such.
This is however a question for the Employment boards - not really a disability question as such.
The disability in some ways is a red herring - as if you turn up at work and are not paid - they are likely in breach of their contract (assuming you had fixed hours)
I'd love to turn up at work but I can't get in the Building because of the step at the door. I'd be sat in the Car Park/ Loading bay
However they still don't have a disabled toilet for me to use. I can't get in the Cubicle with my chair.
I should perhaps have mentioned that I'm incontinent and frequently wet and soil myself so I would need a loo with a large cubicle with a sink and a Sanitary unit to dispose of cloths and pads
They will have to convert the Men,s Loo on the ground floor or the Ladies loo on the first floor to accommodate me0
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