To ask for advice and support?

[Roussillon849]

I posted this in the Employment Issues thread but only had one very kind poster reply. As time passes I'm realising just how absolutely devastated we are about this (lots of emotions, really), so I'm reposting here hoping for more traffic, advice and support.

My husband has just been dismissed from work on ill-health grounds after a long history of mental illness.

We are beyond shellshocked as we were not expecting this outcome at all.

The dismissal is extremely unfair on several grounds (the mental illness was partly brought on by the nature of his work, and other colleagues with similar sickness absence histories have not been dismissed), so we are considering our options for appeal, etc.

However, we are also wanting to look at what immediate help, in terms of benefits, we could get. I am really upset and shaky, so I am probably not at my best, but I can't seem to be able to find information on what he's entitled to, particularly after being dismissed.

Any advice would be most gratefully received. I am in a state of shock.

Very sorry to hear you're going through this. Have you tried the Turn2us benefits calculator? Should be able to give you an idea of what you're entitled to

I hadn't heard of that, thank you. I will try.

Make an appointment with the Citizens Advice.

They will support your DH through the claim.

Oh, no, I am so sorry to hear that. I really recommend giving ACAS a ring in the morning - and also his union (if you have one). There may be a legal case there somewhere, but you are going to need specialist advice - so if you don't have access to Unionline for legal help, check if you have it covered on your house insurance.

Failing that, are you in/near a place that has a law school? If you ring your local university's general enquiry line, they should be able to direct you: nor all places advertise their law clinics online.

It may simply be unfair, rather than unlawful, but it's worth looking into. Also, was he dismissed on capability, rather than for misconduct? If so, you will get earlier access to certain benefits/different benefit options iirc - and your husband should consider anyway beginning the process of applying for PIP, as that isn't dependent on whether or not you are employed - though it's a long, torturous process, possibly requiring an appeal, so is unlikely to come through soon.

Get your husband to ring ACAS - they will be able to advise from an employment point of view. There are also many ‘no win no fee’ solicitors who would take on a case should that be the best route to take. But calling ACAS tomorrow is a must.

Best of luck, hope your husband is feeling better soon x

This has come as a tremendous shock to you both and it is natural to feel the way you do . I'm wondering on what basis he's been judged as unfit for work and retired on health grounds ?
Particularly as it sounds a unilateral decision by his employer - not to say arbitrary as others still working there have undergone similar illnesses .
Has he received much in writing ?
Interviews after absences and discussions about phased returns to work ? Has he been bullied by a manager at work ? I know it's upsetting to perhaps keep a record of what has led up to this but if you need to make a claim for benefits with the DSS you will need as much detail as possible .
Remember too that if he has been diagnosed with a specific mental condition it can be classed as a disability in itself . I have a long term medical condition and had to decide whether to find a less stressful job or be retired on health grounds . I found a less stressful job in the end . Hoping you get the support you need on here from others who perhaps can offer more useful advice .

Thanks for all the advice.

We are waiting for the formal outcome letter, but he was dismissed on the grounds that his lack of attendance is too costly to the organisation. It was a formal hearing and he was supported by a (possibly not very competent) union rep. He has the right to appeal, but right now he isn't sure he can go through it; the hearing alone was overwhelming. It is early days yet.

In the circumstances, would you say he should still go to ACAS, or should his union be able to help him with next steps, whether it is an appeal, an employment tribunal or whatever?

CAB on our list, too.

Sorry, but what do "iirc" nd "PIP" mean? Apologies if I'm being dim.

My worry is that dismissal means less access to benefits, but it is definitely not dismissal through misconduct.

Iirc is 'if I remember correctly'
PIP is personal Independence payment, it's a benefit paid for people in ill health. Not sure if it replaced DLA (disability living allowance)

Sorry this has happened OP

Right, so that sounds like capacity - which is good (in that they haven't manufactured something against him): he should speak to the rep for help appealing, and if he looks at his union card, or on his union's website, he should see what kind of additional legal help they can give. Mine has a designated helpline, and they can advise and help with all sorts of things, not just employment etc

Unfortunately, some reps are awesome and some are useless - but he may be able to get someone from branch or region to help also: but get him to ring them ASAP.

They have to follow their own procedures, so you need to make sure that you exhaust the company's process before taking things further.

PIP= personal independence payment = disability benefit to help cover additional costs that come from disability
Iirc - if I recall correctly

It's great that he's in a union, even if his rep possibly wasn't great: it might seem like a small thing, but try to take some comfort from that

Out of curiosity, how long has he been off for?

OP - you’ve already gotten some advice on where to go and I think there will be more, but as you can see, you already now have a list of 6-7 things to try. My best recommendation to you and it will be the most important thing is start a single notebook and binder (for notes and to store paperwork) and that is where you keep all the information about this. You would be surprised how much there will end up being and you need to keep it all in one place.

So for example, you’ll now have one page in the notebook that would say: “Mumsnet Advice” and put a numbered list with the things in each comment that mentions something, so like 1. Turn2us calculator for benefits; 2. Citizens Advice. 3. ACAS or union. Etc

Good luck and I’m so sorry this happened.

Thanks again for all the great advice about next steps and even the notebook - that does make a lot of sense, actually.

The organisation have a process and it is helpful to know the order to follow, ie, exhaust that process first.

We do need to receive the formal letter as that will give us the formal ground for dismissal and our options for recourse. but I am too anxious and upset to do nothing.

He is a member of a big union and I am almost certain they have a helpline. I don't know if technically he's still allowed to use it if he isn't working anymore? His union fees come out of his wages.

Thank you all for the moral support, too. I feel bereaved and that is probably just as needed as the practical advice. We have had some very lean times, in our family, and I'd got used to believing they were behind us for good. They were such tough times - I'm not looking forward to them again.

Right now I feel a bit like we have failed at life. I know I'm overdramatising but I don't know how else to process all this apart from seeing some grand design flaw in my life plans. I thought I wouldn't be a loser anymore and it turns out I was kidding myself all along. It fucking hurts.

I could very well be wrong about this, so you'll need to confirm with the union, but if he appeals, he may well be paid whilst the process is going through (in my field you are, but I don't know if it's always the case). HOWEVER, as long as he pays his union fees, he's covered - so if he is not still being paid, you will need to arrange to pay next month. Most unions have separate rates for unwaged and retired people, and some have rates depending entirely on income: have a look on the webpage or instead of ringing the rep (which you can also do) call the regional number (should be on his card, otherwise get it from the website). There should be someone around (part conferences notwithstanding) that you can actually speak to then and there, and get advice about all of this, so you'll get a bit of clarity on what will happen and what the next steps are.

Loads of great advice, just to confirm definitely call ACAS. It’s free and, in my opinion, much better than union. Armed with ACAS guidance you can then work with union if needed x

The Disability rights group might have some good advice.

www.disabilityrightsuk.org/getting-advice

And you aren't losers. Not at all. Life's kicking you in the teeth right now, you're in shock, and you are going through a grieving process. It's really normal - though horrendous - to be feeling like you are right now. Try to be kind to yourselves today - there's nothing you can do tonight, and you might not have a good rest, but if you can make a bit of a list for a plan of attack for tomorrow morning, that's great. At the moment, you're covered in uncertainty, but hopefully, in the morning, you'll get answers about what to expect and time scales involved etc I am not a physical person, but I am sending you a bloody big bear hug right now. It's shit - but at least by this time tomorrow, you'll have a better idea of what can be done to mitigate the shitness

Thank you all and @Hefzi. Onwards and upwards, I guess.

You're not a loser or a failure. Chronic illness/disability and associated crappiness is just random bad luck. And unfortunately when it comes to bad luck there is no quota after which no more crap stuff happens to us.

Some people have the kind of luck that wins the lottery, and some of us get the shit kind of luck...

You're in shock right now and you're allowed to feel how you feel. Just remember it won't continue to feel this devastating and you'll all find your way through. [Flowers]

Hope you are getting on OK today, OP, and getting some answers

I was a mess last night, but we've both woken up feeling a bit more positive and have started taking some baby steps.

Thank you all again for your support.