 |
By (user no longer on site) OP
over a year ago
|
Just Looking on some advise my best friend 48 has been told he got the start of dementia he lost his job because he will be a risk he has been with this company for almost 12 years,after going to sort a claim out from DWP they told him he will not be entitled to anything till he takes another test by there own Medical team and his claim will take months ,i am helping him out with money to pay towards his rent and wit it being to near Christmas i am worried for the guy is his company in the wrong? any advise will be appreciated. |
Reply privately, Reply in forum +quote
or View forums list | |
|
By (user no longer on site)
over a year ago
|
Probably a better idea to talk to CAB or an employment solicitor (most offer free 30min consultations)
Sorry to here about your friend, but it'll be best to speak to an authority on the subject |
Reply privately, Reply in forum +quote
or View forums list | |
|
By (user no longer on site) OP
over a year ago
|
Yeah i was thinking about young age for a family man i just devastated how can they do that to him i am glad i am here to help him out and his family i will make sure he will have a good Christmas as myself and partner are paying his rent etc so they can have the pressure of there heads till it's sorted out makes my blood boil about how they he or anybody in the same situation can get treated like this. |
Reply privately, Reply in forum +quote
or View forums list | |
|
By (user no longer on site)
over a year ago
|
"I am looking into that now cheers mate and thanks for the reply's back merry Christmas to you all.
"
Just inboxed you a screen shot off line. Dementia is classed as a disability and is covered under the equality act 2010 and if sacked that is then classed as disability discrimination. |
Reply privately, Reply in forum +quote
or View forums list | |
I could well imagine these situations do arise and have wondered how people cope. The only experience I’ve had was with my late husband. But he was lucky enough to have a terminal illness with a life expectancy of 12 months or less. You get loads of benefits then. Yes that is irony you can detect in the above  |
Reply privately, Reply in forum +quote
or View forums list | |
|
By (user no longer on site) OP
over a year ago
|
Again to you all Thank you and also to shropcouple thank you i have just looked into it and he has got somebody calling to see him over it to get it all sorted out so fingers crossed for him . |
Reply privately, Reply in forum +quote
or View forums list | |
|
By (user no longer on site)
over a year ago
|
"Just Looking on some advise my best friend 48 has been told he got the start of dementia he lost his job because he will be a risk he has been with this company for almost 12 years,after going to sort a claim out from DWP they told him he will not be entitled to anything till he takes another test by there own Medical team and his claim will take months ,i am helping him out with money to pay towards his rent and wit it being to near Christmas i am worried for the guy is his company in the wrong? any advise will be appreciated. "
i think its a case of unfair dismissal. he needs to see the CAB and speak to ACAS .
|
Reply privately, Reply in forum +quote
or View forums list | |
His company cannot sack him on the basis of future Ill health, that is illegal.
His first step is to contact ACAS, the government run arbitration service, they will advise him of his rights.
Next will be to write to his employer laying out the reasons why his dismissal was illegal (acas will advise of the reasons), from then on its up to him his course of action whether to resume employment with back pay if offered or sue on the grounds of unfair dismissal and discrimination.
God luck, I hope it goes well for your friend. |
Reply privately, Reply in forum +quote
or View forums list | |
|
By (user no longer on site)
over a year ago
|
I haven't worked there for years and not familiar with universal credit as it's only now being rolled out but when I worked for DWP to claim ESA you needed to not be entitled to any sick pay from your employer and provide a sick note from your GP, you'd then be called in for a personal capability assessment at a later date. The claim should start from the day he first contacts them. |
Reply privately, Reply in forum +quote
or View forums list | |
When you first claim esa you are in what is known as the assessment phase and the money you receive is equivalent to job seekers.
After your assessment they either award it and put you in one of 2 groups or refuse it and say you should claim job seekers instead. You can appeal any decision they make.
This may have changed with the introduction of universal credit but many areas of the uk haven't moved over to it yet.
He should be able to claim housing benefit and get help with the council tax too but it does depend on whether his partner works as the entire household income is taken into account.
He may also be able to claim PIP if his disability affects his daily life.
His employer is legally bound to make reasonable adjustments to his job to enable him to keep working. If they have made no attempt to help him and have just sacked him they have broken the law as it is disability discrimination.
If they can't make adjustments they should look to see if there is an alternative role within the company he could do instead.
I would definitely be taking some advice with a view to taking them to an employment tribunal. |
Reply privately, Reply in forum +quote
or View forums list | |
|
By (user no longer on site)
over a year ago
|
"What tests has he had that show he has dementia? 48 is reallyyyyyy young
not really can happen to anyone. "
Doesn't dispute the fact that being diagnosed at 48 is young though does it?  |
Reply privately, Reply in forum +quote
or View forums list | |
|
By (user no longer on site)
over a year ago
|
Young onset dementia is very rapid and can be more brutal than dementia in an elderly person, if the correct tests have been done and it is early onset this maybe why the company have acted this way, I am not by any means saying the company have treated him fairly at all and this needs to be looked into but with early onset dementia changes can happen very quickly and was if a driving job I read that he did? This is even moreso maybe why the company did what they did.
I hope your friend sorts it all out and you are a good friend to have.
Geeky x |
Reply privately, Reply in forum +quote
or View forums list | |
|
By (user no longer on site)
over a year ago
|
As others have said you can't just sack someone for getting ill or developing a disability. There are lot of questions about how they have acted that need addressing.
As for the DWP, well thanks to the evil bastards that are the tory party they'll assess you fit for work if you are on your deathbed, |
Reply privately, Reply in forum +quote
or View forums list | |
» Add a new message to this topic
