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Carers UK Forum • ESA health assessment - Page 3
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Re: Possible discrimination case?

Posted: Sun Dec 28, 2014 1:08 pm
by missunderstood
xx

Re: Possible discrimination case?

Posted: Sun Dec 28, 2014 3:09 pm
by bowlingbun
Have a word with ACAS. They are the best people to advise you. If you husband doesn't return, then after a while the employers might have more right to terminate his contract of employment. It's a very long time since I studied employment law in detail, ACAS should give you all the up to date things you need to know.

Re: Possible discrimination case?

Posted: Fri Jun 05, 2015 11:11 am
by missunderstood
xx

Re: Possible discrimination case?

Posted: Fri Jun 05, 2015 11:47 am
by bowlingbun
I previously recommended ACAS to you. They are the ones to contact for questions like this, as they are the experts in Employment Law.

Re: Possible discrimination case?

Posted: Fri Jun 05, 2015 8:57 pm
by missunderstood
With respect Bowlingbun, I was not asking about employment law I was asking about the ESA Health Assessment. ACAS cannot help us.

Re: Possible discrimination case?

Posted: Fri Jun 05, 2015 9:52 pm
by bowlingbun
Not yet. However under certain circumstances it might be viewed that he is no longer capable of doing his job long term. Then his contract of employment might be terminated. In turn, this would have all sorts of implications. It's 20 years ago since I studied Employment Law at degree level. Some things will obviously have changed, so I can only point you in the right direction. If you are going to a tribunal the more homework you do beforehand the better.

ESA Health Assessment

Posted: Fri Jun 05, 2015 10:18 pm
by missunderstood
Thanks, but we aren't going to a tribunal and my husband is not interested in taking any legal action. He no longer has the mental stamina. I just wanted to know what would happen at his ESA health assessment and was asking if he was found fit for work would he be put on JSA, even though he is still technically employed. It has nothing to do with ACAS. And as I have previously said, they cannot help us, I just wanted some support which seems sadly lacking here.

Re: ESA health assessment

Posted: Fri Jun 05, 2015 11:44 pm
by bowlingbun
I'm sorry forum members couldn't come up with the answers you were looking for. I've been a carer for 36 years, for six ill/disabled relatives but have never come up against your situation. Many others here are caring for elderly parents, so again, would not have the answers you are seeking. We always do our best to support anyone in any caring situation, but recognise that sometimes, can't answer very specific questions, especially concerning relatively new benefits. Have you tried the CUK helpline?

Re: ESA health assessment

Posted: Sun Jun 07, 2015 12:07 am
by jenny lucas
You sound pretty fraught, which is understandable, but as BB says, if we don't have the experience ourselves of what you are facing, we can't help you or suggest lines of action for you, so there isn't much point in accusing us of not supporting you! Everyone here is very well intentioned, be assured of that, even if we lack particular experience, no one ever means to be unhelpful deliberately!

Hope you get the information you need from a different source, and that it helps resolve your very difficult situation. KR, Jenny

Re: ESA health assessment

Posted: Mon Jun 08, 2015 6:42 pm
by missunderstood
I didn't realise that ESA was a new benefit.

I don't think I sounded fraught, but you sure sound snotty. I wasn't accusing anyone of not supporting me, simply stating how I felt. This feels a very unwelcome space and I shan't return.