hi AFers. what benifits should i get??? been on esa for about nine months now . since i got the sack for capability reasons

[moggdog]

so am i on the right benifits????

[Offcut]

Hi Moggdog

Firstly you have not mentioned if you are on contribution ESA or Income Related

First 13 weeksUnder 25£56.80

First 13 weeks25 or over£71.70

From 14 weeksWork Related Activity GroupUp to £100.15

From 14 weeksSupport GroupUp to £106.50

Did you have the ATOS assessment or if you where put straight on Support or WRAG ?

Have you been given a review date or been passed as indefinate?

If you are contribution this will cease after 365 days have passed unless you are support.

I would highly recommend that you you go to gov.uk/benefits-adviser and fill in the form it should give you an idea what you are capable to claim for.

As for being sacked for capability reasons under the disability discrimination act you should not be sacked because of a disability have you looked into this further? equalityhumanrights.com/ is a good place to look.

Hope all goes well for you.

Phill

[moggdog in reply to Offcut]

thanks mate. theres plenty of stuff to go over.

[Beancounter Volunteer in reply to Offcut]

Hi all

I regret that it simply isn't true that you cannot be sacked because of a disability, the employer must make adjustments, they must take into account any change of circumstances around what you are doing, and they must make every effort to try and either help you continue in your job or find you another post where you can work with your disability.

But once they have done that, if you still cannot work, or cannot come to an arrangement with your employer that suits both of you, then you can be dismissed on the grounds of incapacity. The employer has to make sure that they have made every effort for the employment to continue, but no employee is suddenly inable to be dismissed due to a disability.

Ian

[Offcut in reply to Beancounter]

fair nuff I would kick off anyway nothing ventured.

[moggdog in reply to Beancounter]

ta mate. was under the impression you didnt have any rights in a job untill you had been there at least 2 years

[Loquitir in reply to Beancounter]

Ian

I'm not recommending this firm but they are advertising no win no fee for disability discrimination cases.

Link is as

dsmlegal.co.uk/employment-l...

Might be worth a shot if members can't get help elsewhere.

[rosailor]

Find a Citizen's Advice Bureau near you and discuss your situation,including the smocking at your work place.

They are likely to have access to the required information and possible help which you require.

[Loquitir]

The Equality Act 2010 protects suffers with AF. In fact AF is mentioned in Equality Commission guidelines.

Perhaps consider contacting the Disability Law Service a charity which provides free legal advise. dls.org.uk

Other sources of help include:

Equality Advisory Support Service equalityhumanrights.com...

Disability Law Service. dls.org.uk/

Free Representation Unit. thefru.org.uk/

Bar Pro Bono Unit. barprobono.org.uk/

Disability Alliance. disabilityrightsuk.org/...

CAB Advice Guide. adviceguide.org.uk/

The Equality Commission. equalityhumanrights.com/

Resources from Central London Law Centre regarding employment londonlawcentre.org.uk/...

disabilityrightsuk.org/orga...

I am aware of one law firm which specialises in disability cases; @AbilityThink: DSM legal solicitors t.co/ASG41OkCVK no win no fee; Disability Discrimination specialism dsmlegal.co.uk/ found on thinkability.org.uk under topics / help.

Good luck!

[Loquitir]

I'm not recommending this firm but they are advertising no win no fee for disability discrimination cases.

Link is as

dsmlegal.co.uk/employment-l...

Might be worth a shot if members can't get help elsewhere.

Good luck