Please help

[burnt_toast]

It's all such a mess.
I've been suspended from work - long story. I have a 'case' against my employers but it will cost me potentially £6k to 'clear' my name. They're trying to nail me and I'm going to have a messy fight on my hands

I'm now off sick, my mood has plummeted, can't eat or sleep. The entire process has been horrific and I've been totally unsupported throughout. I'm on anti depressants anyway and I've increased these until I see my GP.

I'm now terrified that I can be sacked whilst off sick? I've just gone off sick four days ago but my anxiety is through the roof. I've had no sickness in 6 years.

I read various different things on line - yes a disciplinary can continue whilst you are absent AND you can get sacked.
Then I read no they can't as it would be very difficult for them to do so.

Can someone please help?

It sounds like you have actually done something wrong. I think you need to get a lawyer ASAP.

I have got a lawyer and he says I do have a case. Organisational failings have lead to the incident. Not me.
Costly though

Is it NHS?

Yes it is NHS.
They're trying to nail me. It's awful.

What do you want ultimately? You are probably best to just leave and find new job even if not ideal situation. You shouldn't ask for a settlement agreement but if they offer take the best offer you can negotiate and get out. Your health is worth more than any job. You won't be the first or last person to leave an org on an less than ideal note. Life will go on.

That's the NHS for you. I'm sorry they are being such shits. Get hard copies of as much evidence as you can to back yourself

I can't return. It's been to awful.

I'll leave with a cloud over me which will prevent me from getting another job. My work has always been exemplary.

Can they sack me whilst on sick leave?

It won't prevent you from getting another job. You'd be surprised how many people in the NHS have been through this. Speak to your lawyer about a settlement agreement and see what he says.

I don't think a settlement agreement is possible. It would be tribunal eventually with the aim of unfair constructive dismissal. But this will cost me and I don't have the mental strength to endure it all.

I have full support from my GP but I think they may attempt to 'get rid' of me whilst I'm off sick which I'm terrified of.

The entire thing stinks honestly. My manager has done wrong majorly which I've raised as I grievance but they're ignoring it!!! It's all against me

The honest answer is yes they can dismiss an employee whilst off sick. However, they need to follow their own policy and processes to make sure it is fair. This takes time to do.

You need to locate your employers discipline process and check they are following it. You can request interviews and hearings are postponed if you are unwell but not indefinitely. For example if you had Covid, asking them to postpone by 2 weeks would be reasonable.

Your absence appears to be directly related to the disciplinary case, so reasonably you won’t improve until that is resolved. In that case an employer can reasonably proceed with the disciplinary process.

If you are in a TU, they should support you. If not make sure you take someone with you to any meetings and ask them to take notes for you,

ACAS may also be able to assist.

The important thing is to have a timeline of events with supporting evidence.