Can I temp or will I be in breach of Contract?

BatOutOfUll

Firstly, I've put this on the Disabled Board too, due to my circumstances


I had an SCI in February (Prolapse at L4/L5, Cauda Equina Syndrome) and after rehab left Pinderfields in April.
Can walk a little on the days my feet let me but for safety's sake (as I fall frequently) I use a Wheelchair.

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, until 'reasonable adjustments' were made.
There are no Disabled loos anywhere on the premises.

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) apart from some LHA, which as most of you private renters know does not cover the rent.

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. Stairlift is ruled out as H & S say it will block the stairs.

I can't get benefits. 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.
Work say they can keep me off indefinately and don't have to pay me. Meantime I can't work for anyone else!

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?'
Work say I can raise all I want but they wont be paying me.

This means since August 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 at work and if I could find work, 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. (I've always done two jobs most of my life until this)

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 any other benefits

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 else 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 shouldn't have to use my DLA to substitute the wages I'm not being paid!

I've 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've had a lot of expense in finding and moving to a Bungalow (as the Council can't provide a 3 bed one) so I'm now stuck out of town with a £10 taxi ride to the Town Centre.
I didn't know work were going to stop paying me. I moved because the bathroom was downstairs and each time I wanted to use the loo I had to get my son to help me get down stairs (on my bottom)

I now have a Bungalow to get about in, but no wages to pay the rent (increased rent for a bungalow) . The LHA that would have covered the house doesn't stretch to the rent here
Work say that's not their fault (did I say it was?) and it's still not a reason to pay me.

I was still on Sick Pay when I moved and thought I would be back at work by September. I also thought my fiance was moving in with me and so the rent wasn't a problem at the time

Now , 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 owing them money.

All I want to do is work and Temping work would tide me over until the Company decides how to dismiss me or do the work.
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, so they can't make me redundant.

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 don't like external agencies being involved and are not happy I involved them.

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. It's only my 'Fit Note' and REMPLOY badgering them that has made them get quotes and do risk assessments.

At the end of the day, it's my Employers that are stopping me working. If I were 'able bodied' and back from sick leave I would have been back at my Desk in June, earning a wage. I lost my Tax Credits as I'm not doing the required hours and wont get them back until I'm doing 20 hours and getting DLA. (Everything hinges on DLA)

I think I should be able to go temping without any loyalty to them if I get asked to go Full-time at the end of my Contract.

My Solicitor can't do any more for free. To take it further will cost me £175 an hour.

I have Legal Fees included in my House Insurance, but they will appoint someone of their choosing, who wont necessarily know about Disability and Discrimination.

On top of it all they have the nerve to send me a Contract of Employment. I've worked there 4 and a half years already!

I want to work. I HAVE to work. I'm not being allowed to.

Sorry for the ramble but getting this Contract, when I'm not allowed to work has made me a bit 'miffed'

agrinnall

Could you do a shorter version with the salient points for anyone who doesn't have time to read the whole thing?

mountainofdebt

agrinnall wrote: »

Could you do a shorter version with the salient points for anyone who doesn't have time to read the whole thing?

I think the basic bits of the thread is that the OP has a condition which has meant she needs to use a wheelchair and her workplace isn't suitable for a person in a wheelchair.

They aren't paying her any pay and SSP has finished.

Not able to claim any benefits such as ESA (declared fit to work by GP) and DLA (not sure why)

Has had to move to a bungalow and 2 adult sons living with her aren't able to contribute much. Living off savings which will run out in Jan.

OP needs money so basically asking can she go and work somewhere else as a second job whilst original employer decides what they can do about situation or would she be in breech of contract.

getmore4less

Key points summary

Signed fit to work but now has a disability

needs adjustments in the workplace.

Work are not doing the adjustments(main one being a lift)

Work refuse to pay wages(this is the main grievance)

Work refusing to allow accrued holiday to be taken(I think)



I think the key is to determine if as the employee is signed fit and ready to work should they be paying wages.

Can they refuse the accrued holiday(which would generate some income).


The OP wants to try to find work elsewhere but not sure if this could be seen as a breach of contract.

also( but needs clarification) grievance in for non payment of wages and solicitor letter before action but not sure what (maybe ET or small claims?).

mountainofdebt

OP, by the way I've just googled gofundme and it appears to be an american site - were you aware of that???

postmanpat68

OP It' not too late too join a union and let then help you as it sounds to me like failure to make reasonable adjustments of failing that go to the acas website http://www.acas.org.uk/index.aspx?articleid=1364 for help and advice.

Takeaway_Addict

postmanpat68 wrote: »

OP It' not too late too join a union and let then help you as it sounds to me like failure to make reasonable adjustments of failing that go to the acas website http://www.acas.org.uk/index.aspx?articleid=1364 for help and advice.

What adjustments has the OP put that would be reasonable? I'm not sure the expense of building a lift would go under reasonable but happy to be proved wrong (though I would be slightly aghast).

Holiday has to be paid if requested whilst on sick though so the OP should be forcing this through if he is (and I would guess and its just a guess that he is as the employers will happily allow him to work but the OP is unable to)but I can't see what else the employer has done to wrong tbh.

uknick

OP, as they've sent you a contract to sign, does it include anything about working somewhere else whilst on their payroll?

If not, I can't see that you would be in breach of contract. In fact, if you are successful at contracting can you then hand your notice in with your current employer? Just a thought, is this what they want?

If you do start contracting, you wouldn't have any personal tax allowance as you don't have a P45 to give to the temp agency. Therefore, you'll pay tax on all your income. It's not the end of the world as you can claim any overpaid tax back at the end of the tax year.

bluenoseam

I'm with Takeaway_Addict - I'm thinking that there's a high chance that installing a lift goes above & beyond reasonable adjustments given the expense & upheaval involved. It's likely that OP will be moved to measures to terminate employment with regards to capability which will be significantly cheaper than the costs of putting a lift in.

theoretica

A cheaper potential adjustment would be to have the OP work from home as this is office work.

System

theoretica wrote: »

A cheaper potential adjustment would be to have the OP work from home as this is office work.

Assuming that it is a type of office work that can be done at home. I.E. done totally on computer AND the company's network is accessible outside the office.