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“Invited” to consider resigning

20 replies

ProcrastinatingPumpkin · 19/04/2022 13:00

To cut a long story short I have been signed off work since the end of February, and have finally had a diagnosis this week which may or may not have long term implications for my health and ability to work in the future. I am awaiting further medical appointments ( in the next month) to see what the likely outcome will be.

I have had a call this morning saying that they would like to “invite” me to consider resigning on the grounds of ill health. I have worked for the company for 10 years, been promoted several times and until January had only had 2 weeks off sick recovering from surgery in the time I have been there.

I first began having symptoms in January and worked through as best I could before being signed off, though I did take four odd days off to try and recover. During this time I was WFH, this has since been stopped for people at my level. Shortly after this my symptoms worsened and I was signed off.

My company are now saying that the odd days I took have meant I have triggered their absence investigation procedure, despite the face that all absences were linked to my current condition.

Probably irrelevant but my last performance review rated me as exceeding expectations against every metric.

I’m not really sure what I’m hoping for from this post. I feel really disappointed that they aren’t prepared to wait for the outcome of my next appointments, when I should be in a much better position to assess my likely future health and work capability, and that they aren’t prepared to consider the January absences as part of this over all sick leave.

I fully appreciate it is frustrating having people on long term sick, having covered similar myself, but I can’t help but feel they just want rid of me.

Has anyone else been in this position? Did you leave or wait for absence procedures?

OP posts:
tothemoonandbackbuses · 19/04/2022 13:04

Do not leave. You need to consult your union or similar. You maybe eligible for your ill health pension and/or benefits.

tothemoonandbackbuses · 19/04/2022 13:04

Keep records of everything

PronounssheRa · 19/04/2022 13:08

Long term health implications may mean you are covered by the Equality Act.

Agree with others, engage with your union and keep records. Try to keep all communication written down where possible.

yoshiblue · 19/04/2022 13:23

Definitely do not do anything like resign. I would seek legal advice or at the least speak to ACAS who are very useful.

potter5 · 19/04/2022 13:30

Do not resign. I was off ill for 12 months on full pay with Drs cert. eventually offered redundancy. Was there 15 years.
They need to get Occupational health to assess you after your results. Good luck.

Movingonup22 · 19/04/2022 13:33

DO NOT RESIGN!

check the sickness policy and if there is any income protection insurance included in your benefits package

They can manage you out for ill health ultimately but there are lots of expensive hurdles they have to get through first!

IDontHaveAnOutingHobby · 19/04/2022 14:38

Email back, summarising the conversation and ask them to confirm that is what they are suggesting. Keep it neutral.

At the very least get an email to get a record that there was a conversation.

JudgeRindersMinder · 19/04/2022 14:44

Decline that invitation!

QuebecBagnet · 19/04/2022 14:45

They could be on sticky ground under the equality act. Or do you think they’re being supportive? Do you feel you could go back soon or do you feel you now can’t work again due to your health?

Gowithme · 19/04/2022 14:49

@IDontHaveAnOutingHobby

Email back, summarising the conversation and ask them to confirm that is what they are suggesting. Keep it neutral.

At the very least get an email to get a record that there was a conversation.

Agreed.
PutinIsAWarCriminal · 19/04/2022 14:51

No!!! Do not resign. They are asking you to resign because they know if they fired you they could be taken to court. Please check with CAB or your Union as there may also be benefits implications to resigning.

starlingdarling · 19/04/2022 16:17

@IDontHaveAnOutingHobby

Email back, summarising the conversation and ask them to confirm that is what they are suggesting. Keep it neutral.

At the very least get an email to get a record that there was a conversation.

Absolutely the best thing you can do (in addition to not offering to resign).
FridayBluezzzz · 19/04/2022 16:36

Don’t resign. Get advice from union/employment lawyer. Could your condition come under the disability act (and then your absences should be considered as related to disability)

They’re doing this to save themselves money, don’t let them! Eventually they might be able to make you leave on ill health grounds but it’s a long complicated process AND in the meantime you have the right to continue to be employed and for them to offer you a suitable leaving package.

GMH74 · 19/04/2022 16:38

Get advice from ACAS

JenniferAlisonPhilipaSue · 19/04/2022 16:38

Send and email so you have a written record and a trail.

Further to your call on x date at y time, can you please clarify in Writing that your organization would prefer that I resign, as opposed to complying with their legal obligation to make reasonable adjustments. My condition(s) meet the legal definition of disability under the equality act 2010 and I would be happy to discuss this further with HR, accompanied by a representative of my choosing.

JenniferAlisonPhilipaSue · 19/04/2022 16:41

Ps you meet the definition of disability if your co diction or impairment has a substantial and long term effect on your day to day activities

Substantial means more than minor or trivial and day to day can be anything from sending an email to answering the phone. Long term is 12 months, likely to last 12 months or rest of your life if it's been under 12 months.

starlingdarling · 19/04/2022 17:07

I'd probably go a bit more friendly and with an initial email. Something along the lines of ...

Dear X, As you know, I've not been well so I was quite out of sorts during our telephone call earlier. I just wanted to follow up by email to confirm what was discussed. My understanding was that the company would like me to consider resigning on the ground of ill health. [insert any mention of the plan if you didn't resign or any offer to sweeten the deal if you resign]. Can you confirm that I've understood our discussion correctly and let me know if there is anything I've missed? Many thanks in advance.

If there were quite a few points discussed I'd write them as a list so they can't claim they missed the bit where they invited you to resign.

NameGoesHere · 19/04/2022 17:55

Speak to acas first and do not resign!

justaweeone · 19/04/2022 17:58

Please don't even consider resigning.
This is appalling!

ProcrastinatingPumpkin · 20/04/2022 13:57

Thanks all.

I’ve sent them an email asking them to confirm what was said. So far all I’ve had back is an information leaflet about the absence investigation procedure…..
I don’t have any benefits package in place, I only get SSP, not company sick pay.
I will contact ACAS for their advice- while at the moment I’m not capable of working, I am sort of pinning my hopes on some improvement or new suggestions from my follow up appointments.

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