Discrimination at work - Reasonable adjustments

Hi,
Please can anyone advise on the following;

My partner has been off sick from work, this involves bullying & harassment and reasonable adjustments regarding the pattern of work have not been put in place and she has a disability that falls under the equality act 2010.

She has gone through grievance and appeal process and not been resolved. She has gone up against senior management within NHS. This has taken a serious toll on both her physical and mental health. If she were to resign, would this affect her chances of claiming contribution based ESA?

Please be aware she is already claiming statutory sick pay and has been paying national insurance contributions to qualify for ESA for last 5 years.

Kind regards,

Mark

Hi Gordon,

Many thanks for the response and apologies for the delay responding.

I have checked online and found that we are in the full service universal credit area.

I just wanted to clarify that my partner and I are not married and in her resignation letter she is going to put she is leaving for personal reasons, without elaborating to her employers further than that, as she does not want to have problems with a reference at a later date.

She will not be resigning for constructive dismissal. Therefore please can you or anyone else confirm that she can resign and claim the new style ESA.

Just to mention, her statutory sick pay runs out on the 16th December, her notice period will expire on 2nd January 2019. She has never claimed benefits before and is unsure when she needs to start the process. Please can anyone advise on this, it would be greatly appreciated

Kind regards

Mark

It may be worth getting some free advice from a Solicitor. I took a disability discrimination case against DWP for failing to supply equipment I needed for a disability following a move of location. They settled out of Court, it makes me angry that employers can force people to resign through their actions. i don't believe they are allowed to give a bad reference, it has to be factual.