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Possible Discrimination and ESA
- Jodie
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10 years 3 months ago #129189 by Jodie
Possible Discrimination and ESA was created by Jodie
Hi all,
I underwent my face to face assessment for PIP last week after my first one (in December) was cut short after I suffered a fit during it. I am now awaiting the decision.
I am currently signed off sick from work after I requested a change to my working pattern last July and nothing was done. I contacted my union representative and they have advised me that there may have been a breach of the Equality Act. I am still signed off ill and I will not be able to return to work due to my ill health but I am at a loss as to what to do next. I was considering applying for ESA but I don't know when to begin the application. I will have to attend a meeting with my workplace soon bit rather than go through the stress of pulling them up about their discrimination I would rather resign on ill health grounds and apply for ESA. Is it better to wait for them to let me go? I am in a complete state about the whole thing and my mental health has deteriorated greatly. I am terrified I will be left with no awards and no help.
I underwent my face to face assessment for PIP last week after my first one (in December) was cut short after I suffered a fit during it. I am now awaiting the decision.
I am currently signed off sick from work after I requested a change to my working pattern last July and nothing was done. I contacted my union representative and they have advised me that there may have been a breach of the Equality Act. I am still signed off ill and I will not be able to return to work due to my ill health but I am at a loss as to what to do next. I was considering applying for ESA but I don't know when to begin the application. I will have to attend a meeting with my workplace soon bit rather than go through the stress of pulling them up about their discrimination I would rather resign on ill health grounds and apply for ESA. Is it better to wait for them to let me go? I am in a complete state about the whole thing and my mental health has deteriorated greatly. I am terrified I will be left with no awards and no help.
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- Gordon
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10 years 3 months ago #129191 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Possible Discrimination and ESA
JW
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
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I am afraid that we are not in a position to advise you in regard to your situation at work, you should speak to your union rep about the situation. As a general comment, by resigning you may well be giving up rights that you are entitled to, so I would not rush to do this, again speak to your rep.
With regard to ESA. If you are no longer receiving SSP then you can make a claim for ESA even while you are still employed, you will need your employer to issue an SSP1 certificate and you will need a current Fit Note, you may be able to get a copy of your current one from your employer, if not then you will need your GP to issue a new one.
You can claim ESA by either downloading and completing an ESA1 form, or by ringing the DWP and completing it over the phone.
www.gov.uk/employment-support-allowance/how-to-claim
Once your claim is active then you will be sent an ESA50 which aske you to describe your current problems. You should have a look at our Understanding ESA guide and our ESA Claim guides non the following link
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you have any questions on the above or about ESA, then please reply to this post and we will do our best to help you.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
I am afraid that we are not in a position to advise you in regard to your situation at work, you should speak to your union rep about the situation. As a general comment, by resigning you may well be giving up rights that you are entitled to, so I would not rush to do this, again speak to your rep.
With regard to ESA. If you are no longer receiving SSP then you can make a claim for ESA even while you are still employed, you will need your employer to issue an SSP1 certificate and you will need a current Fit Note, you may be able to get a copy of your current one from your employer, if not then you will need your GP to issue a new one.
You can claim ESA by either downloading and completing an ESA1 form, or by ringing the DWP and completing it over the phone.
www.gov.uk/employment-support-allowance/how-to-claim
Once your claim is active then you will be sent an ESA50 which aske you to describe your current problems. You should have a look at our Understanding ESA guide and our ESA Claim guides non the following link
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you have any questions on the above or about ESA, then please reply to this post and we will do our best to help you.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Jodie
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10 years 3 months ago #129196 by Jodie
Replied by Jodie on topic Possible Discrimination and ESA
Thank you Gordon, this really helps. I will speak to my rep and see what can be done.
I am still in receipt of SSP and should be for another 6 months unless my workplace decide to terminate me so I think it will be a case of holding on to see what happens.
Thank you again for your help,
Jodie
I am still in receipt of SSP and should be for another 6 months unless my workplace decide to terminate me so I think it will be a case of holding on to see what happens.
Thank you again for your help,
Jodie
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- Gordon
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10 years 3 months ago #129199 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Possible Discrimination and ESA
Jodie
You don't say how long you have been off sick, but just so you are aware, SSP is only payable for a maximum of 28 weeks and is separate from any sick pay that you contract of employment may provide.
Gordon
You don't say how long you have been off sick, but just so you are aware, SSP is only payable for a maximum of 28 weeks and is separate from any sick pay that you contract of employment may provide.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Jodie
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10 years 3 months ago #129376 by Jodie
Replied by Jodie on topic Possible Discrimination and ESA
Hi Gordon,
I am now in my 20th week of being off sick but have been signed off further period that will total 26 weeks (and will likely continue). In my place of work I am paid full pay during sickness absence for 6 months and then go to half pay for another 6 months. When it goes to half pay does this mean that the SSP would have stopped and I should apply for ESA? I'm quite confused about it.
Thanks
Jodie
I am now in my 20th week of being off sick but have been signed off further period that will total 26 weeks (and will likely continue). In my place of work I am paid full pay during sickness absence for 6 months and then go to half pay for another 6 months. When it goes to half pay does this mean that the SSP would have stopped and I should apply for ESA? I'm quite confused about it.
Thanks
Jodie
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- Jodie
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10 years 3 months ago #129378 by Jodie
Replied by Jodie on topic Possible Discrimination and ESA
Do I apply for ESA after 28 weeks regardless of whether my workplace is still paying me?
Jodie
Jodie
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