Employment and Support Allowance (ESA)
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changing job role due to disability

Hi I'm new to all this, a bit nervous and very unsure of my future could anyone give me some advice. I'm 53 and had been trying to deny my disability (hypermobility disorder, patella misalignment and arthritis in multiple joints) up til recently when mobility problems got too bad to ignore.  I have just been awarded standard level PIP for both daily living and mobility needs.  I work 4 hours a night 4 times a week as a cook, I was given an adjustment passport allowing me concessions such as extra breaks but I'm still finding night work too difficult.  My department is now being taken over by another company so I have asked to move onto day shifts (I know for definite there will be vacancies available) 4 hours a day 2 days a week.  I am scared that the new company will decide not to employ me because of my limited ability to work or they will say that I must work a minimum amount which is more than I feel i can cope with.  If that is the case and I resign due to health issues would I be penalised claiming for benefits.  If the new company decide not to take me on what benefits might I be entitled to.

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    They have to make allowances for your disability! Are you entitled to SSP? If so then you'll need to claim this before you can claim any sickness benefits. SSP is payable for 28 weeks, once this is coming to an end you'll be able to apply for ESA. I would advice you find out if SSP is payable first.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @jacquifaviann

    I suggest that you phone the ACAS helpline about all these issues. For example it would be illegal for the new company not to employ you because of your health (disability discrimination). And working for the new company would not be new employment but would count as continuation of the old employment under transfer of undertaking law.
  • AlexAlex Scope Posts: 1,324 Pioneering
    Hi jacquifaviann,

    Welcome to the community. We have some employment advisors to that might be able to help you. Feel free to ask there.

    PIP is not a means-tested benefit - so shouldn't be affected if you stop working. Other benefits can be affected. We have a calculator to work out entitlements - or you can ask our benefit advisors.

  • jacquifaviannjacquifaviann Member Posts: 3 Listener
    thank you everyone for your replies, just knowing I'm not on my own has been a huge help. When I have my meeting with my new employers in a couple of weeks I now feel confident that if I'm not happy with anything I can ask for a couple of days thinking time, during which I can speak to the above mentioned advisors, before agreeing or disagreeing with their terms.  
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