Hi. I am looking for a bit of advice as I dont know what to do for the best. I have been off work sick for 23 weeks. It has always been my intention to resign when i get to 28wk mark. So i go straight on to ESA without their being break in my payment. But now my work has asked for meeting upon receipt of GP report. I have seen the report which was very favourable and made it clear my MS had impact on my ability. And altho she wasnt Occup Health she couldnt see any adjustments in work place being a benefit to me. So the only way forward Is for my employer to dismiss me on ill health. Im not upset at this but I would rather resign than be dismissed. So was wondering what is best to do. I have contract says 1 months notice is required from either party. So i thought if wait a week hand in 1 months notice this will take me up to 28wks. Or do i go ahead with meeting and let them dismiss me and from what I have read they then have to pay me 4 wks full pay and not ssp. Any advice would be welcome. Thanks x
You do right to seek advice.
I’m no expert but I would NOT resign.
Get as much advice aas possible. I wonder will you get a pension from your work as that will affect how much SSP you get.
Thanks for your reply. I only get £88 SSP. Dont get pension. I have a good pension pot. But as far as i am aware cant cash in on that until 55. I am only 44. I thot would be straight forward for me just to resign. Didnt want to waste anyones time with having meeting.
If your employer terminates your contract due to ill health you should be able to receive your pension due to ill health. I am going through the process at the moment. I am on my notice period now and will be getting a pension from my occupational pension. Scheme. Also I am allowed to receive a Ill health pension from my previous employers pension scheme. I am also only 44 so it will be worth you looking into all your options with a financial adviser. Hope you get sorted soon.
Thanks for ure reply. I dont know mumch about pensions. I was only with this employer 1year. It was work place pension I was in. But I had 2 other pensions and transfeted them all into the one. So ill give them a call see if be entitled to anything. So if i was i would be best to be dismissed then. X
As others have said, don’t resign. You would probably find even if you can’t get your pension early, that you’d not qualify for ESA (Employment Support Allowance) if you resigned. You are always in a much stronger position if your employment contract is ended by your employer due to ill health. Try getting advice from an solicitor who specialised in employment law. Or the CAB at least.
Sue
Phoned the peoples pension. They said earliest is 55. They said its only if u have terminal ilness with less than 12months to live u can claim early
It was cab who advised me to resign at 28 wks as i wll have already made a claim for ESA. Going to do this next week when I have receive SP1 form from my employee. But more I think about it I will just let it run its course with employer. And as i told them I am house bound at moment they need to come to house for meeting. So that could take them couple of weeks to organise.
It bothers me when you say you don’t know much about pensions when you are on the point of being made redundant!
If you resign you are deemed as having given up your job voluntarily - even though you have problems due to the m.s.
It is very different if you are made redundant.
Don’t sit back and assume that your employer etc is doing things right and don’t assume they have your best interests at heart.
I would phone an employment solicitor for advice - it will cost you but you will get the best possible advice.
Hi my hubby was unsure about giving in his notice but eventually he accepted that he could no longer work safety he took a year to make the decision his boss did call to see him a few times at home. Don’t rush it if your not ready, get as much advise as you can I always say it helps you be clearer. In the end hubbies firm were wonderful they paid him holiday pay had a wihip round they did not push anything on him it helped us a lot come to terms with things. Be carful about drawing a pension early because if you apply for any benefit receiving pension is classed as income.
Only surrender your pension annuity it if you need to. We needed to because it pays our mortgage but you don’t get any brownie points from council/ benefits…
if your not ready to say good bye to employer then don’t , leave it to something changes of you feel ready to start your full claim. We asked hubbies union rep about doctors report and firms access to it the was advise was o be up front because the firm needs to show it has done everything it can to help you return to work if you can and want to.
There is no right way to leave only your way so don’t worry.
Hope this helps
No,no,no don’t ever resign if it is looking like you are going to be too ill to work
I was on sick leave for 8 months and I had to see a doctor of my employer’s choosing. He reported that I was unable to continue doing my job. HR visited me at home and told me there were no other vacancies to which I would be suited. They gave me the choice of retirement on ill health, or staying on he sick until my 12 month entitlement was complete.
I took the former and was given a good enhanced pension and went straight onto Incapacity benefit…ESA now.
Good luck.
Pollx
Violet,
You have been offered some good advice. I do not know your occupation or whether you belong to an union. If you do, please get them on board as soon as possible. I am rather disturbed by the CAB advice suggesting resignation.
I am intrigued that your OH rep cannot suggest any work place adjustments, should you ever consider a return to work in some capacity or other.
Nevertheless, if you are not an union member, I suggest you make an appointment with your HR department to discuss your options. Your employer has a legal obligation to make ‘reasonable adjustments’ and you could explore this possibility as well as discussing a redundancy package on medical grounds, together with any pension provisions, before you make any decision. You can take a witness with you for support, if you are not in an union.
What is vital is that you do not resign. Find out all the available options from HR before you decide on the best course for you. Take your time making your decision as you must look after your own interests here.
Please keep us all informed with your progress, and we will all help as best we can. I wish you the very best with your discussions.
Alun
You’re entitled by law to normal pay in lieu of notice if you get dismissed on capability grounds even if you are off sick and remain so throughout the contractual notice period. Do also check your contract for any other contractual entitlements.
If they are shaping up to dismiss you on capability grounds (and it does sound as though they are) then it is possible that they will also give you some sort of ex-gratia loss-of-office payment if they are feeling a bit bad about dismissing you (although they are not obliged to do this). If they don’t offer, then ask - the worst they can say is no.
As others have said - don’t resign. They have a contractual obligation to you and that is worth money - don’t give it away.
Alison
Thanks for all ure replys. I Feel MY employer has been hassling a bit asking wot my intentions are. And i told them i intended resigning when my ssp finished. But im glad i posted on here as i have another 8 wk line and was going to give them months notice when handing line in. I dont see them being able to put any adjustments in place. Doctor sats that in her report also. What adjustments can they do for fatigue. Plus ive lost my coordination and need to be pushed in wheelchair. I have requested they come to my house for meeting as I am almost housebound. So waiting on them gtn bk to me with date. But i will just let things run there course with employer x