Can I go Temping?

BatOutOfUll

I DID claim for ESA explaining I was fit and well but my employers wont pay me.
CAB filled in the form for me.


They rang up and asked for a sick note! Because I haven't got one they wont pay the ESA.

pmlindyloo

First of all you cannot take on another job covering the same hours as your current employment. You could take on a second job if you are not working the same hours.

This is a very tricky situation but I am going to suggest a few things.
You cannot claim JSA because you are not available for work. To be able to claim you would need to resign and then make a claim for constructive dismissal on the grounds of discrimination. You could speak to the legal team through your insurance and see if they have a specialist who could take this on or use a No win/No fee solicitor specialising in this.
Claiming constructive dismissal would probably be a 'good reason' for resigning so you would not get sanctioned.

Maybe another course to explore would be to enlist the help of your doctor. I am a little confused about your being 'fit for work'. From what you have said you are fit for work but only if adjustments are made/are available at a place of work. You are a wheelchair user and incontinent so claiming ESA would seem the most appropriate benefit. I am wondering if a fit note which specified the part about being fit for work if there was access to disabled facilities would suffice for ESA purposes and also satisfy your employer's obligation to make reasonable adjustments?

From what you have said I am not convinced that your employer would have to make the adjustments you outline.

My option would be to resign from the job and claim JSA. I would then put in a claim for constructive dismissal. Even if it was found that the employer did not have to make the adjustments because they were not reasonable you could still claim for compensation as regards their not paying you whilst not at work.

BatOutOfUll

pmlindyloo wrote: »

First of all you cannot take on another job covering the same hours as your current employment. You could take on a second job if you are not working the same hours.

This is a very tricky situation but I am going to suggest a few things.
You cannot claim JSA because you are not available for work. To be able to claim you would need to resign and then make a claim for constructive dismissal on the grounds of discrimination. You could speak to the legal team through your insurance and see if they have a specialist who could take this on or use a No win/No fee solicitor specialising in this.
Claiming constructive dismissal would probably be a 'good reason' for resigning so you would not get sanctioned.

Maybe another course to explore would be to enlist the help of your doctor. I am a little confused about your being 'fit for work'. From what you have said you are fit for work but only if adjustments are made/are available at a place of work. You are a wheelchair user and incontinent so claiming ESA would seem the most appropriate benefit. I am wondering if a fit note which specified the part about being fit for work if there was access to disabled facilities would suffice for ESA purposes and also satisfy your employer's obligation to make reasonable adjustments?

From what you have said I am not convinced that your employer would have to make the adjustments you outline.

My option would be to resign from the job and claim JSA. I would then put in a claim for constructive dismissal. Even if it was found that the employer did not have to make the adjustments because they were not reasonable you could still claim for compensation as regards their not paying you whilst not at work.

So if I can't do the same hours I can do nights and weekends?

pmlindyloo

BatOutOfUll wrote: »

So if I can't do the same hours I can do nights and weekends?

I can't see any reason why you couldn't. This would be the same as someone taking a second job.

sunnyone

BatOutOfUll wrote: »

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

Normally wheelchair services are very good when you are a fulltime wheelchair user, they do give you a "tractor" to start with but then you are reassed for your perminant 'chair.

I would ask for a assessment, tell them your current'chair is unusable.


I was in the forces but they don't have that sort of money to flash about. They have offered 'emotional' support.

There are charities such as SAFFA which help to fund 'chairs for
people who were in the forces, its worth contacting them for help.


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

You need to go to the regional mobility center for a driving assessment, they will provide an adapted car for the assesment, you then send the report to swansea and get a new license with the restrictions suggested by the center. There are many, many adaptions available.

You have to pay for the assessment unless you get the enhanced rate of the mobility componant of DLA/PIP, I didnt know this and I paid for it myself, it cost under £100 and it was well worth the money.


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.

Did you not ask your spinal nurse for help with the forms? At my unit you are assigned a specialist nurse to help with all aspects of your disabilities, you dont need to wait three months to fill in the PIP forms when you have a perminant disability but you will only be paid from the three month limit.

I cant see how you were refused DLA if you have a documented SCI, because the criteria for the mobility componant is that you are unable to walk or virtually unable to walk, obviuosly if you are in a wheelchair fulltime you are unable to walk!


Can't install a Stairlift as H & S wont allow it as it blocks the stairs.

Stsirlifts do not block the stairs, they fold up against the wall when not in use.