Hi, my name is jadeywadey_17! and my employer wants me to resign on grounds of ill health

jadeywadey_17

Hey everyone I’m after abit of help it information really I’ve been with my employer for nearly 10 years and have been registered disabled for 8 years but I’ve been on long term sick for the last 14 months and I’m still waiting on an operation I have several chronic illnesses and work 25hours a week when able but my health has seriously deteriorated over the last 16 months I’d say. I have Crohn’s disease which the operation is for (looking like a bag) then I have hypermobility, arthritis, fibromyalgia, bechets disease (an immune disease), spondylitis of the spine. I walk constantly with a crutch or 2 crutches/ my wheelchair on really bad days! So I work as a legal credit administrator but due to my health I can’t see that I’ll be able to continue my morphine dose is a lot higher these days and because I’m loosing alot of blood I then fall asleep during the day because my fatigue is so high and I’m constantly drained. My employers have said I have an option of resigning on Ill health which means they’ll treat it like a redundancy and I’ll be paid 10 weeks notice period plus 8 weeks holiday that I’ve accumulated whilst off because I’d not taken any before coming off. But my mums said they can’t expect me to resign on ill health and that they should finish me on ill health instead.

thanks in advance 
jade

Biblioklept

I read it's never a good idea to leave a job and better for them to dismiss you for ill health. Have you looked at what your options are for income once you're no longer working?

jadeywadey_17

Biblioklept said:

I read it's never a good idea to leave a job and better for them to dismiss you for ill health. Have you looked at what your options are for income once you're no longer working?

I’m on high rate pip for both elements and I’m on ESA hun I’ve got an assessment with ESA next week but I’ve been told that I should be going into the support group and also get a separate element of it for disabled ppl xx

Sandy_123

Hi @jadeywadey_17 do you have a union rep who you could get advice from and liase with you in your meetings?  Have you had works oc health referral for adaptions within the work place? If not you need really to get refered. 

jadeywadey_17

Sandy_123 said:

Hi @jadeywadey_17 do you have a union rep who you could get advice from and liase with you in your meetings?  Have you had works oc health referral for adaptions within the work place? If not you need really to get refered. 

Hi hun thanks for your comment so I have no Union and I’ve previously had adaptations done in the work place I have a specialist chair that was made for me a egomaniac keyboard and mouse an adjustable desk etc this was all through access to work many years ago. When I’ve asked for updates or asked for OC Health they’ve said no point as we don’t know when and if I’ll be back etc as they’d only involve them when it’s needed for a phased return. My HR team are shocking really I’ve not had no contact from them only my line manager and he’s not great I only hear from him really when I send my sick notes apart from the call today giving me 3 options hand my notice in, stay on sick until im fit for work which could be years down the line I’ve already been on the waiting list as an urgent for a year! And the 3rd resign on Ill health and that they don’t offer such as dismissal on Ill health grounds xxx

Sandy_123

That is shocking if it were me and you don't have to do the same I'd stay on sick until they decided to retire you. 
Also sorry I didn't say good luck with your operation and I hope it all goes to plan, keep us informed of both situations.

jadeywadey_17

Sandy_123 said:

That is shocking if it were me and you don't have to do the same I'd stay on sick until they decided to retire you. 
Also sorry I didn't say good luck with your operation and I hope it all goes to plan, keep us informed of both situations.

Yeah it’s defo not a great situation I have an op this coming Tuesday to do radiation into the nerves of my spine but the main one I’m waiting on is for my stomach I had to pay private to see my surgeon as the waiting list was sooooo long and he put me straight on his list as an urgent after cancer patients as an in patient with it been invasive and how long I’ll be in theatre and I’m still waiting a year down the line!! I’m only 38 and I’ve had crohns diagnosed since I was 11 I’ve always worked but my body just can’t fight anymore and I’m loosing the battle I know in my heart I can’t work anymore my mobility is horrendous and I just think my health and my family is more important then a stupid career even tho I love my job and I’m very much a perfectionist in my work I just know I can’t deal with the stress mentally and physically on my body xxx
thank you for ur kind words and support I’ll keep you updated xxx

janer1967

Hi there 

I don't get this if you resign they have no obligation to pay you any compensation 

However medical dismissal does sometimes come with compensation and would he the advisable option on my opinion 

I think the manager is kaybe getting confused 

All employers have the right to fairly dismiss for you not being able to meet your contractual terms due to capability or I'll health and the fact there is a compensation package in place this suggests they have a policy in place 

I suggest you request a copy of the medical dismissal policy from hr and ask for an explanation 
I would suggest until you have done this do not resign as if the manager has told wrong you could miss out on the compensation 

For any employment issues if you dint have a union then acas I'd the best place to go to they have website 

jadeywadey_17

janer1967 said:

Hi there 

I don't get this if you resign they have no obligation to pay you any compensation 

However medical dismissal does sometimes come with compensation and would he the advisable option on my opinion 

I think the manager is kaybe getting confused 

All employers have the right to fairly dismiss for you not being able to meet your contractual terms due to capability or I'll health and the fact there is a compensation package in place this suggests they have a policy in place 

I suggest you request a copy of the medical dismissal policy from hr and ask for an explanation 
I would suggest until you have done this do not resign as if the manager has told wrong you could miss out on the compensation 

For any employment issues if you dint have a union then acas I'd the best place to go to they have website 

@janer1967 my boss said it’s something to do with my medical issues and because previously they’ve gone through oc health when I was originally put under the disabled badge shall we say back 8 years ago and have had access to my medical notes and things they can’t dismiss me on medical grounds but that I can resign on medical grounds and that they’ll give me the same as a redundancy package so a weeks notice for every year I’ve been there and my holiday pay where as if I just hand my notice in then I just get my owed holiday pay etc it’s blown my head if I’m honest xx

Sue_Alumni

Hi @jadeywadey_17

I’m so sorry that you’ve ben having such a stressful time with your employer.  It must seem very hard when you have given them such a long period of service.  I also hope your operation on Tuesday goes well.

Employment issues are outside my area of expertise but in some circumstances, it may be reasonable for your employer to dismiss you if they feel that you are no longer able to do your job.  In order to show that they are not discriminating you on grounds of your disability they will need to show they have made reasonable efforts to help you return to work. 

If your employer wants to dismiss you because of long term sickness - Citizens Advice

It is certainly looks very shabby that you have had little communication with your employer. May be a way forward  is if you were to try to evaluate what settlement you would be prepared to accept and suggest a meeting with HR – a telephone meeting if that work best for you - and try to have  a friend or family member on hand to support you if you would find that helpful.  

You say you have a meeting next week regarding your ESA.  Can you please clarify whether you are working at the moment as I am a bit confused by what you said in your post about this. 

Take care  

jadeywadey_17

Sue_Scope said:

Hi @jadeywadey_17

I’m so sorry that you’ve ben having such a stressful time with your employer.  It must seem very hard when you have given them such a long period of service.  I also hope your operation on Tuesday goes well.

Employment issues are outside my area of expertise but in some circumstances, it may be reasonable for your employer to dismiss you if they feel that you are no longer able to do your job.  In order to show that they are not discriminating you on grounds of your disability they will need to show they have made reasonable efforts to help you return to work. 

If your employer wants to dismiss you because of long term sickness - Citizens Advice

It is certainly looks very shabby that you have had little communication with your employer. May be a way forward  is if you were to try to evaluate what settlement you would be prepared to accept and suggest a meeting with HR – a telephone meeting if that work best for you - and try to have  a friend or family member on hand to support you if you would find that helpful.  

You say you have a meeting next week regarding your ESA.  Can you please clarify whether you are working at the moment as I am a bit confused by what you said in your post about this. 

Take care  

@Sue_Scope I’m not currently working I’ve been on long term sick for 14 months My appointment with ESA is a benefit support assessment as you get ESA after SSP has finished and I’ve been getting ESA since December but only the assessment rate which is £77 a week. I think they’ve basically said for me to resign on Ill health grounds so that they don’t have to dismiss me etc as they are covering their backs but are offering me a package if I do it on those grounds but I thought that they can’t ask me to resign but I’m not 100% sure xx

janer1967

It doesn't really matter if you resign or dismissed as long as you get the compensation 

However it makes no difference that you have been referred previously to oc health and had your medical records they Dan do this as many times as required 

Health changes so it is not appropriate to be going on the oh report and medical records from 8 years ago 

They should follow the same process again so they have professional opinion  on your ability to work in order to dismiss you 

This is what they are trying to avoid by asking you to resign

They will be aware that if they don't follow the process and just dismiss 

jadeywadey_17

@janer1967 that is my thoughts that I want a compensation plan and that’s basically what they are offering me by saying if I resign on medical grounds etc where as then they don’t physically have to do the work and it’s a quick exit etc xxx

janer1967

Sorry had to post b4 I had finished 

What they are saying about not being able to dismiss is because they won't be following their 9wn process and this could potentially lead to claim for unfair dismissal 

I think they are just trying to find the quickest way out 

It's your decision there are no consequences to you 8f you just resign make sure you state its on grounds of health in your letter 

Alternatively inform them you need more time to get advice from acas ( that will make them know you are getting expert advice) and can you have a copy of medical dismissal policy