Employment and Support Allowance (ESA)
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PHB or other direct payment plan policy change

emmavogelmannemmavogelmann Member Posts: 8 Listener
Hi there! I have a Personal Health Budget and I'm having problems with 2 of my carers. The problems are them not speaking to me, not looking at me and making me feel uncomfortable and not safe which is impacting my physical and mental health. I know these types of problems are, unfortunately, faced by lots of people with disabilities. Because I am the direct employer of my carers I cannot replace/dismiss them without going through all the employment law procedures as I have the same level of responsibility as John Lewis do to their employees; the only problem is John Lewis doesn't rely on their employees to provide intimate and life dependant care and I do. There has not been good support for me during this awful situation and that's why I am suggesting a change to the PHB structure to have more support when dealing with employment issues with carers. I believe it is unfair to ask that we face complex and often hostile issues without adequate support from Health or Social Care or whoever provides the budget/payments and without the recognition that we rely on our carers for EVERYTHING so when that relationship becomes uncomfortable for us or it completely breaks down it is extremely serious. We don't have the same remedies to workplace issues as John Lewis does so we should not be expected to always be held to the same standard as an employer. I accept we have responsibilities as employers and we can't ignore them, but we need more support and a special recognition in the eyes of the law.

I'm looking to start a campaign to raise awareness of this and to try and change at the very least, the support for people with disabilities who are now employers. I haven't done anything like this before so if there is anyone who can help me or anyone who supports this idea please get in touch!


  • Angela_ScopeAngela_Scope Member Posts: 10 Connected

    Whilst being a direct employer of your own care staff can bring significant advantages it does mean that you have to work within current employment law procedures, including around disciplinary and dismissal.  

    It is really important to have Employers Liability Insurance - your provider can advise and support around employment issues.

    There may also be local support organisations to provide advice and support around employment issues. Your local authority should be able to provide details of any local services.

    ACAS can also give advice to employers around employment law and employment related issues.

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