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Original poster

Unable to work, sick pay running out

24 replies

DrHildegardeLanstrom · 16/10/2021 23:01

DH has long Covid and his sick pay will run out in January. If anything he's getting worse not better. Does he need to resign when it runs out? It's a manual job for a small business and he's been there more than 20 years.

OP posts:
GiltEdges · 16/10/2021 23:06

Has he been keeping in touch with his employer throughout his illness? What do they know of his current state of health / likelihood of returning to work? I'm not an expert in this area by any means, but I would have thought it would be better for him to wait for the company to exhaust their own internal processes (which may ultimately result in him being let go), than to voluntarily put himself out of a job.

dementedpixie · 16/10/2021 23:08

No don't resign
January is a few months away so just take each month as it comes

Hotpinkangel19 · 16/10/2021 23:11

How is it affecting him??

Hoptoit1 · 16/10/2021 23:13

No don't think voluntarily resigning is a good idea. You need to allow the company to go through their dismissal process.
Has he got a union he can access?
I went through this a few years ago and ended up being dismissed on ill health grounds and getting my pension (in my 30s).
Start looking into benefits now as the assessment process takes forever, I claim esa and pip (pip is not means tested and is backdated to the day you apply).
For me it was a long process but the company continued to pay me till the formal dismissal was concluded.

Original poster
DrHildegardeLanstrom · 16/10/2021 23:28

Thank you. He was on furlough for the first few months but then sick pay began in the summer. He has been providing regular sick notes. There is no occupational health or similar, and they haven't been interested in how he is getting on or trying a phased return/different duties etc. It is full manual labour or nothing. However at the moment he could not do any work, manual or not. He has started the ESA process.

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soupmaker · 16/10/2021 23:31

Sorry to hear your DH is still struggling. He absolutely should not resign. If his employer dismisses him on the grounds of incapability he will be paid 12 weeks notice due to his length of service. His employer should have a procedure for incapability dismissal, and should consider if ill-health retirement before dismissal if your DH has a works pension. They should also consider reasonable adjustments if your DH meets the definition of having a disability under the Equality Act.

flowery · 16/10/2021 23:48

He doesn’t need to resign, he’ll remain employed unless and until they dismiss him, just unpaid.

Original poster
DrHildegardeLanstrom · 17/10/2021 18:01

Thank you.

OP posts:
Original poster
DrHildegardeLanstrom · 17/10/2021 18:11

"If his employer dismisses him on the grounds of incapability he will be paid 12 weeks notice due to his length of service."

Is that definite?

OP posts:
ftw163532 · 17/10/2021 18:14

Dont forget the Acas helpline is free.

Aprilx · 17/10/2021 18:58

@DrHildegardeLanstrom

"If his employer dismisses him on the grounds of incapability he will be paid 12 weeks notice due to his length of service."

Is that definite?

That is the statutory minimum notice period, however if his contract is more generous then that would apply instead. (The contract cannot be less generous than the statutory provision, but it could be the same)
soupmaker · 17/10/2021 23:31

Yes, no less than that. He will also be paid any outstanding holiday entitlement.

proudwomansexmatters · 17/10/2021 23:37

@DrHildegardeLanstrom

Thank you. He was on furlough for the first few months but then sick pay began in the summer. He has been providing regular sick notes. There is no occupational health or similar, and they haven't been interested in how he is getting on or trying a phased return/different duties etc. It is full manual labour or nothing. However at the moment he could not do any work, manual or not. He has started the ESA process.
He must not resign. Don't let him do that whatever happens. At some point his employer should look to carry out an OH referral. The effects of long Covid are still pretty much unknown when it comes to studies so I hope he will start to feel better soon. If not, and they need to commence the ill health capability dismissal process they will invite him to a meeting to discuss the report. If they decide to dismiss he will be entitled as a minimum to 12 weeks notice pay plus any holiday entitlement accrued but untaken.
needtogetfit21 · 18/10/2021 11:26

Isn't it better to resign yourself so you can hopefully return to workforce once better? I thought being dismissed would stand really badly if you try for another job later down the line?

needtogetfit21 · 18/10/2021 11:26

@GiltEdges @Hoptoit1

needtogetfit21 · 18/10/2021 11:27

@soupmaker

Hoptoit1 · 18/10/2021 11:43

@needtogetfit21 no its not like being dismissed for malpractice.
Also I got 12 weeks pay and outstanding annual leave which you wouldn't get if you just left. The benefits may also not kick in straight away as you left of your own accord. its also proof to the benefits assessors that you're unfit to work (work will at some point get a medical review either internal or external). Being dismissed on medical grounds does not mean you will never be able to work it means even with modifications you can't do that job at that point in time. It may be you could work in another profession, it maybe that at the moment you can't work but at some point you will be able to return to some sort of payed employment or it may mean you can never work again.

soupmaker · 18/10/2021 12:13

Agree completely with @Hoptoit1

needtogetfit21 · 18/10/2021 13:50

[quote Hoptoit1]@needtogetfit21 no its not like being dismissed for malpractice.
Also I got 12 weeks pay and outstanding annual leave which you wouldn't get if you just left. The benefits may also not kick in straight away as you left of your own accord. its also proof to the benefits assessors that you're unfit to work (work will at some point get a medical review either internal or external). Being dismissed on medical grounds does not mean you will never be able to work it means even with modifications you can't do that job at that point in time. It may be you could work in another profession, it maybe that at the moment you can't work but at some point you will be able to return to some sort of payed employment or it may mean you can never work again.[/quote]
Thank you so much for explaining this.

Do you mind if I Pm you?

Hoptoit1 · 18/10/2021 19:10

@needtogetfit21 don't mind you pming me. I only have my personal experience definitely not an expert.

Hullbilly · 18/10/2021 19:15

I'd wait and see and not resign, as others say. But just wanted to add you could ask to see their sickness absence policy to give you an idea of what to expect.

HermioneWeasley · 23/10/2021 15:44

If his employer dismisses him they will need to give 12 weeks notice. This might be “worked” on zero pay if he’s off sick. He won’t automatically get 12 weeks pay in lieu of notice.

Bluntness100 · 25/10/2021 12:17

It’s not a simple as some folks are making it sound. Op he may not be entitled to payment. What does his contract say in terms of his notice period?

www.pureemploymentlaw.co.uk/faqs-termination-payments-for-employees-dismissed-due-to-ill-health/

Original poster
DrHildegardeLanstrom · 25/10/2021 18:02

As far as I know he has no written contract, therefore would be statutory minimum of up to 12 weeks

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