DLA and working

[orchid67]

Hi, I'm new to the forum, can anyone tell me if an employer can give warnings then finish an employee for having time off whilst claiming DLA?

 

Thanks

[Bookworm]

That would depend on the reasons given to dismiss you and if it relates to your disability. More information is needed before we can answer properly.

[orchid67]

It's a family member that has the disability and is claiming DLA, he needs a knee replacement, he is finding it hard at work to stand, he was worried that if he has time off work due to the pain in his knee that his employer would start to be funny with him and he would end up getting finished, he gets high rate mobility and mid rate care

[Bookworm]

But is the knee problem the reason he gets DLA?

[orchid67]

yes he gets DLA because of his knee problem which restricts his mobility

[Bookworm]

I take it the employer is aware of the disabled status? If yes, then no he can't fire him for having time off relating to his disability.

[seftonview]

Receipt of DLA is none of the employers business, and the employer does not need to be told. Receipt of DLA does not make a person capable or incapable of work.

 

The fact that the family member recieves DLA for this condition is indicative however that he would be a disabled person for the purposes of the Disability Discrimination Act 1995.

 

SV

[orchid67]

Thank you for the replies

[The Chez]

A person can (provided they fit the criteria) claim DLA and earn a wage. DLA is disability based, and is non means tested, which means it is not affected by income.

 

If your on Incapacity Benefit too however, then you are not allowed to earn a wage & claim at the same time.

[Elenathion]

I take it the employer is aware of the disabled status? If yes, then no he can't fire him for having time off relating to his disability.

 

This isn't accurate. Disabled people aren't precluded from being fired even if the time off is because of a disability. I speak from experience as I was dismissed as I had a large amount of time off for illness relating to my disability. I am however pursuing a claim for disability discrimination on the grounds of failure to make reasonable adjustments.

 

That's the crux of this - an employer has a duty to make reasonable adjustments to stop a person being put at a disadvantage by their disability. They can't just fire someone without attempting to help them stay in work first.

 

Your family member needs to make sure that the employer is aware of his disability and request that reasonable adjustments are put in place. Such adjustments could be providing a seat or frequent rest breaks etc.