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Resign or ask to be sacked?

(16 Posts)
spacedonkey Thu 13-Jan-05 16:31:44

I've been signed off sick since the beginning of September, and my employer has been paying SSP. Although I am getting better now, I can't go back to that job because it was at least partially responsible for my illness in the first place. I haven't found another job yet, and my doctor's cert runs out next week. I could probably get another cert to cover me until I find employment elsewhere, but if that isn't possible and I resign, would that mean I would disqualify myself from any benefits for 6 weeks?

I am considering asking them to sack me, but imagine I would have to sign something to assure them they wouldn't end up being taken to an industrial tribunal.

I know I need to get professional advice on this, but just wondered if anyone has been in the same situation and has any experience/advice to offer. Sorry if this is garbled.

SoupDragon Thu 13-Jan-05 16:32:32

Can't you be "retired" on medical grounds?

aloha Thu 13-Jan-05 16:33:35

Or be made redundant with a nice payoff? I think that might be the best idea and the company might well go for it, it's just how to suggest it that's the problem...

spacedonkey Thu 13-Jan-05 16:33:44

I don't know soup, I suppose I need to get myself down to the CAB to find these things out

spacedonkey Thu 13-Jan-05 16:34:32

aloha, I wish! I've only worked for them for about 14 months though, so I wouldn't expect any sort of redundancy package.

sis Thu 13-Jan-05 20:43:31

You may not get the redundancy pay-off but if you volunteer for redundancy, it may be that you won't be denied benefits whereas if you resign, I think you will be denied them. This is based on info I got a couple of years ago, so please check with your local benefits office and don't rely on my recollection of the system as it was a few years ago!

Don't forget that you are accruing paid holidays whilst off sick.

Whizzz Thu 13-Jan-05 20:46:13

If your work has made you ill & you can prove it then your employer should recognise the fact & find alternative work for you. You shouldn'e have to resign

spacedonkey Thu 13-Jan-05 22:05:32

I doubt I could prove that - and anyway I think it was only one of a number of factors. Good point about voluntary redundancy - I'm glad I posted about it because it's given me more ideas for things to discuss with CAB

CountessDracula Thu 13-Jan-05 22:15:22

Oh poor you Donk
Voluntary redundancy sounds good. You can join The Count on the sofa and catch a few overs

spacedonkey Thu 13-Jan-05 22:17:11

I suppose it might be an idea to find my contract and read it! God I'm hopeless. Nice idea CD, but cricket really would make me lose the will to live completely

runtus Fri 14-Jan-05 16:00:54

The thing you have to be aware with regarding redundancy, vlountary or otherwise, is that it has implications for the employer too. I know I would be unwilling to let someone take vlountary redundancy instrad of resigning, as the tax man wants to know why and it looks bad on your year end report. By all means ask CAB and then if they so it's ok, ask you employer but I wouldn't get your hopes up.

Have you been in communication with your employer whilst signed off sick, how do they view the situation? If you could sit down and discuss the situation, you might be able to come to a mutualy agreeable situation.......always worth talking to them if you can - they might surprise you. (Unless they are total sharks and I have managed to miss that entire thread of course!)

Good luck!

spacedonkey Fri 14-Jan-05 16:05:05

Thanks runtus - yes, I have been in contact with them throughout my time off. I have been frank with them in telling them that I wouldn't be coming back, and didn't expect them to hold my position open for me indefinitely, but they haven't given any indication that they want to sack me. I have no hopes of being made redundant, but it's one possible option that is worth considering, however unlikely.

Freckle Fri 14-Jan-05 16:23:25

Not sure if this is any help, but it strikes me that your situation comes under the heading of frustration of contract. If you can no longer do the job you were contracted to do (due to your health), then the contract is frustrated and ends. I'm not certain how the benefits agency views employment ending because of frustration of contract. Have you tried contacting the Benefits Helpline? 0845 608 6000 (I think)

If you leave work voluntarily, the sanction applied is discretionary (i.e. decided by a case worker, not set out in statute) and can be between one week and six months.

spacedonkey Fri 14-Jan-05 16:24:47

Freckle, that's interesting - thank you. I have spoken to several benefits advisers who were all singularly unhelpful. I'll go to the CAB on monday.

Freckle Fri 14-Jan-05 16:38:38

Have you spoken to your employer about this? Is it possible for them to find you another job which you can do? From a benefits point of view, it might be better for you to wait and see what action your employer takes.

spacedonkey Fri 14-Jan-05 16:42:15

That may be a possibility, although it's not something they have suggested. The job I had with them was not directly related to any of their core services though. I really want to find a new job with a new employer as, tbh, I feel aggrieved at the way I've been treated by this employer, and dislike their attitude towards staff in general.

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