Resigning from a job role due to health deterioration

Ems81

Hi everyone. I'm hoping somebody may be able to help me with a bit of a dilemma I am having. Due to ongoing medical issues I have not been able to work since January this year. I have mobility problems which will effect the rest of my life and have had a few operations this year with regards to this. I'm now facing several more operations over the next few years.
I have been receiving statutory sick pay and this will cease in a few weeks as I will reach the 28 week limit. My employer does not pay sick pay so I am now at a crossroads as to what to do next. My job is both physically and mentally demanding and it's with a heavy heart I've had to accept that I am unable to now fulfil my job description therefore unsuitable for my role. There are no other roles available for me within the company. I have decided that the best thing to do is probably resign from my role but I'm not sure the best way to do this, is it a good idea to write a resignation letter stating my health deterioration as a reason for why I am resigning? And by resigning, will it affect any benefits that I may need to claim, even though my reasons are beyond my control?  
I have begun to research my options with regards to the financial side of living with a disability, I don't have many people around me to discuss my worries with so I would be really grateful if anybody out there has any advice as to what I could or should maybe do for the best?
Thanks for taking the time to read my post 🙂 

poppy123456

Hi,

Regarding your job please don't just resign without first speaking to Acas. They are experts in this sort of thing and will give you the advise you need http://www.acas.org.uk/index.aspx?articleid=1461

Just to give you an idea on benefits. What you can claim will depend on your circumstances. Claiming New style ESA will depend on your NI contributions in the tax years April 2016 to March 2018. If you've paid enough during this time then you'll be able to claim this but you'll need your SSP1 form from your employer and a fit note from your GP to be able to claim it. You can start a claim 1 month before your SSP ends but won't receive any money until the SSP finishes. It's £73.10 per week but it's only paid for 1 year unless you're placed into the Support Group. It's not means tested so savings/capital and partner working doesn't affect this.

If you need to claim for help with your rent then you'll need to claim Universal Credit, this is a means tested benefit and claiming it will depend on your circumstances. Savings/capital and partner working. Savings of more than £6,000 will reduce the amount you can claim, more than £16,000 means you won't be able to claim at all. You'll also need fit notes from your GP. For this you'll be able to start a claim while claiming SSP but the amount of SSP you receive will be deducted from your UC payments.

If your claim New Style ESA and UC then your New style ESA will be deducted £1 for £1 from your UC amount.

It's extremely complicated and very difficult to give advice like this on an internet forum so for this reason then you really do need to get some face to face advice from an advice centre near you regarding what benefits you can claim. https://advicelocal.uk/

Finally PIP has replaced DLA and it's not means tested. Claiming this will depend how your conditions affect you because it's not about a diagnosis. It's how your conditions affect your ability to carry out daily activity based on the PIP descriptors. Evidence will be needed to support your claim and you'll most likely have to attend a face to face assessment.

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/

Ems81

Thanks Poppy, that's really helped clarify a few things. 
I'm so glad you've told me to not just resign as I have my letter here ready to go! 
I made a claim for PIP at the end of May but have yet to hear back, I gather it's initially quite a lengthy process til first payment is made. 
I've looked at ESA but I kind of dismissed it and ruled it out thinking that UC would be the better option? 
I'm living with my parents due to the extra support I need, but they too are kind of in the dark with regards to the support available with regards to living with a disability. Would you suggest that I still make a claim for UC considering my current living arrangements? 
This is all new and feels like quite a daunting task, but like you say, its best to get some face to face advice to help me further. 

poppy123456

A claim for PIP depends on backlog in your area. If you're successful first time then anything from 4+ months. If you're refused then Mandatory Reconsideration and Tribunal process can take well over 1 year, sometimes as long as 18 months.

There's pros and cons to both New style ESA and UC. New style ESA if you're eligible (check your NI Contributions for this) isn't means tested and for the future can be a better benefit to claim. However, it's only paid for 1 year unless you're placed into the Support Group (LCWRA) See descriptors for this here. https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors

Reg 35 substantial risk explained here. http://www.cpag.org.uk/content/making-exception These links apply to LCWRA descriptors too.

UC is means tested so claiming this can be a disadvantage in the future. Also for UC a fit note from your GP doesn't automatically entitle you to limited capability for work. This means you could still be expected to do attend appointments and do work searches depending on your claimant commitment. It's the discretion of your work coach whether they turn of work commitments, some will but some won't. Others will be kind and reduce them.

UC pays more than ESA if you're given LCWRA but if you claim New style ESA and you're given LCWRA you can always claim UC for the top up of extra money.

A very difficult choice, which you should really get expert advice about. However, if it was me then i'd claim New style ESA if my NI contributions allowed me to.

Which ever one you decide then you'll eventually need evidence to support your limited capability for work and another face to face assessment is most likely.

Good luck with your PIP claim and if you need any advice regarding that please head over to the DLA/PIP part of the forum and i'm sure someone will answer any questions you have.

exdvr

Lots of good advice there from @Poppy123456 which I couldn't possibly be able to add to......but have to say that you DO NOT resign from your job as you will then be classed as having deliberately put yourself out of work. That would cause all sorts of problems when it comes to claiming support and/or benefits.

     Leave it up to your employer to decide whether or not to continue to keep you on the books as it were.

Ems81

Thank you for your advice on the resignation part.
It's a really tricky situation because there is no chance that I will be able to return to that role and I feel like it's now becoming an extra unneeded pressure hanging over me if that makes sense?
I would rather just focus on the difficult future I'm facing and completely forget about the job.
Is it definitely the case then that even if I resign due to medical grounds it will still go against me when I apply for UC or ESA?
If I were to write a letter that made clear that I'm not resigning but I'm leaving due to an unforeseen deterioration of my health would that then count in my favour if I were to apply for benefits? 

poppy123456

There will not be any sanctions when you claim either New style ESA or UC with a fit note if you resign from your job because you have a fit note. If you're resigning for any other reason then it will be totally different but you should never ever just resign from your job without first speaking to the experts such as ACAS.

exdvr

Having been in the same situation myself many years ago now I had it drummed into me by my union rep that by resigning I would be disqualifying myself from benefits because the decision to become unemployed would be mine and not my employer's.   If you know that you'll never return to your job then try to get your employer to pay you off.  In my case I lost my PSV license due to having heart problems but my employer kept me on the books unpaid for over a year after my sick pay stopped.  

poppy123456

The benefit system has changed quite a lot over the years. Having a fit note from your GP is good reason why you won't be sanctioned when claiming New style ESA and UC (with a fit note).

If you were resigning and claiming New style JSA or UC without a fit note then this will be totally different and you would be sanctioned for up to 26 weeks.

https://www.citizensadvice.org.uk/work/leaving-a-job/resigning/deciding-whether-to-resign/

Taken from the above link.

If you or your partner get any benefits, check if stopping work will affect them. For example, your Universal Credit could stop for 3 months or longer if the Department for Work and Pensions (DWP) says you didn’t have a good reason for resigning. This is called a sanction.

Regardless of any of this, you should never just resign from any job.

Ems81

I spoke to acas this morning and I didn't find them as helpful as both of you have been if I'm honest.
He said that my employer can either dismiss me on capability grounds or I can decide to resign. He said that if I were to stay employed I would still get holiday pay.
I had to reiterate the point that I'm physically unable to perform in my job role and that I want to leave so that I can focus on the difficulties that I'm facing in my future. I said I would like to know if he thought it is would be a good idea to just resign from my post as this is my biggest concern.
But he wasn't as insistent as you Poppy, he didn't stress that I should not just resign.
He was quite hesitant in his response. 
He touched on the fact that any benefits I claim may be affected if I made the decision to resign, but he said that ultimately its my choice.
I haven't come away from the phone call feeling particularly confident in knowing the best thing to do.
But all of your advice yesterday has helped massively and lifted a huge weight, so thank you! 

Chloe_Scope

Hi @Ems81 and a warm welcome to the community. I'm sorry to hear that your health has deteriorated and that this is impacting on your ability to work in your current role. I don't have anything to add to the advice given above but if you need help with anything else then please do let me know

Ems81

Thanks Chloe 🙂

poppy123456

I'm sorry you didn't find them very helpful. I do know that with good reason you won't be sanctioned and a fit/sick note from a GP is good reason.

Do be aware that claiming ESA or UC with a fit note is not about the work you can't do, it's what you can do and this is what you'll eventually be assessed on.

One thing i forgot to mention yesterday was that if you claim New style ESA any pay in lieu of notice won't affect your ESA because it's not means tested.

If you claimed UC then any pay you receive in your assessment period will affect the amount of UC you'll receive that month and you'll see a deduction of 63% of your UC payment. Depending on how much pay you receive your UC could be reduced to zero that month.

atlas46

Hi @Ems81

A very warm welcome.

Sorry to learn of your health and work related problems.

I note that you have been absent from work for over six months, has your employer not been in touch with you, to see how you been keeping?

In respect of your consideration of resigning, might I suggest an alternative.

You could write to your employer a “Without Prejudice” letter, explaining your current health and well being.

Such a letter is a simple means of engaging with your employer, and not offering your resignation.

You could seek the assistance of a community law centre, for more guidance.

In respect of claiming ESA, seek face to face advice from your local CAB, as you will need this benefit, when your SSP runs out.

Keep us informed.

Ems81

Thank you for your advice .@atlas46
My employer hasn't contacted me since the beginning of March to see how I'm doing. It's a very small company and I've worked there for 10 years so I've been slightly bewildered by this. My fit notes have reached my employer through my manager.
I like your idea of a 'without prejudice' letter and will draft one today.
I will also try to get to my local Citizens Advice centre in the next few days.