Forced to resign?

[Marshmallowbrain]

Has anyone here been forced to resign due to disability absence? Wondering what processes you went through and how you came out of it, and what financial package you received. Thank you

Have you spoken to ACAS as yet?

i haven’t, wasn’t sure if that’s what I should do right now or wait until work have come to me with options.

I have been diagnosed with a lung disease similar to COPD, generally manageable unless I get an infection. instead of taking time off sick so not to impact the team i have been wfh rather than being completely off sick.

I will check my actual contract but I have a mix of bases, on site and at HO. Days I’m at HO I organise my day so all my face to face meetings are done then, site days I spend meeting with our supplier who I manage, then wfh days I do all my admin. This has been fine up until now. No one picks up my slack unless I’m hospitalised and completely off.

Could you work part time?

I don’t think they’d let me. I do think a job closer to home would be better for me, I’m just worried I’d struggle to find a new job.

Definitely play in cool, dumb, and let them make all the moves.

Do not even look like you're willing to accept a pay-off, that would be job-suicide.

Good luck.

If you are unwell don’t WFH rather than being off sick. I imagine this is what your employer is suspicious of.

If WFH is a reasonable adjustment to help manage fatigue, take breaks etc then that’s reasonable. But it should not be used so you appear to be at work when you are actually unwell and unfit for work. This is masking the amount of time you are actually unfit for work and will be affecting your productivity on those days. I suspect that may well be what’s behind the push to get you back in the office more.

But definitely don’t resign. It would be up to your employer to try everything recommended by Occ Health to support you. Then if it still wasn’t working it would be for them to terminate your contract on health grounds

They sound like they are going to end up in court for constructive dismissal and do not understand the laws around “reasonable adjustment”.

How long have you worked there?

Definitely refuse any “informal” or “off the record” chats 🤬

How long have you been in the job op?

No more 'off-the-record' meetings. Request that recordings are made of all meetings.

It will be 2 years in 2.5 weeks, I need to try and hide by time to get over that 2 year threshold don’t i?

A couple of posters mention redundancy. This is not redundancy unless the employer is getting rid of OP’s role altogether.

Since you started, have you moved much further away and they are aware of that fact?

No, I haven’t moved since I’ve been with them.

🤔

Very suspicious timing OP.

Personally, I would go sick with a FIT note from the GP as the two year threshold is highly suspicious.. don’t let them get away with that !!

''@Vatsallfolks

Personally, I would go sick with a FIT note from the GP as the two year threshold is highly suspicious.. don’t let them get away with that !!''

Exactly.

Didn’t realise I’d not been there quite 2 years until I checked. I’ve called in sick today and have the doctors later this morning.

Now you know their game OP.

Play it cool, and dumb, and let them do all the running. Do not look like you're angling for a payoff under any circumstances.

I was on the buyers / sellers thread with you op (hope you’ve settled in nicely!)
and you said that it was quite a big relocation and that was less than a year ago.

if the relocation has meant you are much further away from work, which presumably it does mean, and work is aware of this…. I wonder if they think you’re pushing for this because the location is no longer so convenient for you?

Hello @GingerbisThat’s a good memory you have. Sadly that all fell through last minute.com and was a whole other drama. Hope you’re all settled.

Just a little aside - for disability discrimination, the 2 years doesn't apply. Go to ACAS now, build your armoury. Don't wait for work to be 2 steps ahead of you.