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Original poster

Quit or be sacked?!?!

22 replies

StressyJessie · 13/06/2011 21:12

I am currently off work with depression, I am 99% sure I am facing the sack when I return as am currently on a final written for my attendance - not sure if I should wait for them to sack me or just quit?!? I have worked for the company for 9 years so this is all a bit scary!! Thanks!!

OP posts:
fluffles · 13/06/2011 22:45

i don't think you'll be allowed to claim jobseekers allowance if you quit. but i could be wrong.

Valpollicella · 13/06/2011 22:47

Have you spoken with CAB re this? Surely they can't sack you for a medical issue (which this must constitute as)?

Mumcentreplus · 13/06/2011 22:56

If you are sacked and or if you quit you may not be entitled to JSA for up to 6 mths dependent upon your circumstances ..your case would be sent to a decision maker and you could be sanctioned for up to 6mths meaning you would have to claim hardship for that period and this would affect the amount of benefit you receive, this could be reduced to up to half your usual entitlement...is there no way your employers could make you redundant/retire you on sickness grounds?...if you are still ill you may be able to claim Employment Support Allowance when your job ends..do not resign

Mumcentreplus · 13/06/2011 22:58

try to contact your employer in writing regarding this issue...state you are trying to return to emplyment and would like their help to facilitate your return...

Mumcentreplus · 13/06/2011 22:59

I know it's hard but this may affect you in the long run..I second getting advice from the CAB

Original poster
StressyJessie · 13/06/2011 23:14

I have previously spoken to the job centre re claiming income support as my youngest is only 2, they said it makes no difference to claiming this. But my ex thinks I would be better letting them sack me?!??

OP posts:
Mumcentreplus · 13/06/2011 23:21

Yes you could claim income support as a parent of such a young child, you would claim income support for yourself and partner and child tax credit for your child if you are no longer employed/on a low income and have less than 16,000 in the bank

Mumcentreplus · 13/06/2011 23:23

Check Here

Original poster
StressyJessie · 13/06/2011 23:29

It's only me and my 3 boys. My ex thought I might be entitled to something from them if I was sacked as being with them for 9 years.

OP posts:
Mumcentreplus · 13/06/2011 23:49

If you think you may have been dismissed because you are ill, or because you have asked for Statuary Sick Pay , you may be able to complain to an employment tribunal, But you may have to raise a grievance first dependant upon your employers procedures, bear in mind a contract may be frustrated by long-term sickness which means that it no longer exists and neither the employer or the employee has any obligations under it, so in theory there is no dismissal....check your contract if you still have it

Mumcentreplus · 13/06/2011 23:51

I would check their grievance policy and comply with their expectations if physically possible...do not just lie down and wait ..be proactive and keep in touch

Original poster
StressyJessie · 14/06/2011 20:42

Have to ringback in on thursday to let them know if im returning to work or not - return to work and get the sack or walk away on my terms?!?! People have suggested I should get a payout from them if I'm sacked as been there 9 years - sounds rather unlikely to me though?!?!

OP posts:
flowery · 14/06/2011 20:51

Firstly you don't know they are going to sack you. It is possible to dismiss someone for sickness absence but just because you are on a final warning and have been off again doesn't automatically mean they are going to sack you. Have they had medical reports into your condition, your fitness to work, Occupational Health support/GP letters or anything?

If they do dismiss you, and assuming they do so fairly, then the only extra your 9 years' service gets you is 9 weeks' notice.

But unless you want to leave, I would go back and let them deal with the situation.

Original poster
StressyJessie · 14/06/2011 21:05

Have been told by Personnel manager that it is very likely I will be sacked as was given a final a month ago by top manager. I am signed off by dr but the company do not view this differently from not being signed off. Have been told if I want to hand in my notice they will sort it so I dont have to work the notice period out due to sorting child care etc, I only have to give them 1 week notice

OP posts:
schmee · 14/06/2011 21:09

Mental illness is illness. The Personnel Manager should know this. I think you really need to seek advice as this seems like discrimination and unfair dismissal, unless they are looking to sack you for other reasons not mentioned. At least I think you should be seeking some sort of payout (compromise agreement or redundancy). Please look into your rights.

Original poster
StressyJessie · 14/06/2011 22:00

I have had child care issues in the past and received warnings for this. Would I b better going to CAB (tried to contact them recently and spent 4 hours being told they were busy - please call back later!!) or trying my union again - have spoken to reps in work but maybe go straight to the main offices?!?!

OP posts:
ginmakesitallok · 14/06/2011 22:03

I don't know why folk are saying that you can't be dismissed because of your sick record?? If you are unable to do your job because of illness and they are not able to put in place reasonable adjustments to allow you to do your job then you can be dismissed. It's not discrimination or unfair dismissal?? You won't be entitled to redundancy - it's not a redindancy situation.

If I was you I would try to work with them - I certainly wouldn't be handing in my notice.

ginmakesitallok · 14/06/2011 22:04

X-post - yes I'd be seeking support from my Union

MrsMagnolia · 14/06/2011 22:38

This reply has been deleted

Message withdrawn at poster's request.

MrsShrekTheThird · 14/06/2011 22:44

Some fantastic advice here. Would also suggest getting representation, ask a union rep or colleague who knows their stuff to accompany you to meetings etc, you are entitled to :)

Original poster
StressyJessie · 14/06/2011 22:47

Thanks for all ur help, will get back on to CAB and my union tomorrow and will update u all after x

OP posts:
Putthatbookdown · 15/06/2011 20:26

When an employer dismisses a employee they must give a reason.Also you can appeal against any warnings ,dismissaletc. I would take out a grievance

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