Long term sick from work
Hi. This last year my mental health has deteriorated to the point that I’ve had 10 weeks off work earlier in the year and I’m now off sick again. This time I know I’m not going back as the job affects my health too much. I am newly diagnosed with autism and on the waiting list for the mental health team, I also have several mental health disorders that I have had for many years. I need this support to get better and be able to hold down a job in the future. If I hand in my notice I won’t be entitled to ESA, and I’ve been advised by the Scope helpline to exhaust my sick leave then I can receive ESA if I apply. I am entitled to 6 months full pay and 3 months half pay according to my contract, but my employer has a new sickness policy and I expect I would be dismissed under capability grounds before the sick pay ends. Either way, I need a period of time with not working for my health to improve, but with an income as I have a mortgage to pay. I’ve worked there for many years and feel awful doing this. I’m so lost atm and feel pressured partly by myself and my parents to get a new job, altho I probably wouldn’t be able to keep it. I don’t know what to do for the best, either cause issues with a reference in the future or resign now and have no money to pay my mortgage
Comments
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If you hand in your notice this will not affect any possible entitlement to New style ESA because of your health conditions. You will not be sanctioned for leaving a job due to health conditions and I'm sorry you were advised differently.
If you're currently claiming SSP from your employer you will not be able to claim New style ESA at the same time. Once SSP ends you'll be able to claim it. It's based on your NI contributions in the previous 2 tax years. You will need a fit note and your SSP1 form to claim it.
I wouldn't advise handing in your notice without first getting some expert advice and ACAS are usually good with that.
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Thank you for clarifying poppy123456, I had thought it seemed unfair to keep my employer paying me sick leave expecting me to go back, when in reality I’m not going to return. I do want to keep the relationship as good as possible so I can get a good reference in the future.
I will contact ACAS on Monday for advice, hopefully they can advise me about my rights. But for now I will keep telling my manager I will be going back, it just feels wrong which is what doesn’t sit right. Thanks for your suggestions0
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