Is it better to resign before dismissal - sickness

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This is the first time I’ve encountered this so I am not sure how it all works. I have just passed 6 months of sickness and work want to arrange a capability meeting. There are no arrangements that can be made for me to return to work, what I need is medical help.
Am I able to hand my notice in? Is this better than going through capability meeting and dismissal? I’m worried how it will look to future employers so want to choose the best option.

I know I cannot fulfill role at present so I accept there is no choice for me to lose the job one way or another. I need to be seen by a medical professional and due to a very broken system it’s going to be likely another 5-6months before someone can even answer the question of if I’m safe to go back to work, but that’s another story entirely.

Can you take a sabbatical. Does your company provide this, ie up to a year off unpaid?

The information about resigning and not being entitled to benefit posted by a couple of people is incorrect OP so don’t take notice of that.
each case is looked at individually as sometimes people have no choice but to resign.
OP is not going to be claiming work related benefit anyway as she is clearly not capable of working!

Does your work offer any private health insurance, or anything like Benenden/Wecare or an Employee Assistance Programme at all? There might be some health options there that are worth investigating. If so it'll likely be better to stay employed if you can make use of any of those.

You may also be able to contact PALS or Healthwatch if you need things to happen with hospitals or the NHS.

Sorry I can't add to anything about your original question, I feel you've got the best answers there already.

I wouldn’t resign at this point. They should consider redeployment if at all possible, but if not, they should give you the option to resign prior to dismissal. Good luck.

Personally I wouldn’t resign.
can you apply for PIP?
you will be moved to another “system” (not SSP and I can’t remember the name!!) for long term sick.

ESA is the name of the next benefit you may be able to receive..

Don't resign under any circumstances. Go to the meeting and take either a union rep or a friendly colleague with you. Listen to what they have to say and don't make any sudden decisions. They should give you time to digest things. Good luck, it might not be as bad as you think, a lot of companies do this, it's just their way of working.

Don’t hand in your notice.
let the process play out fully.
You can raise the issue of potential sideways moves which mean you could still work
Dismissal on ill health grounds is not a fast process so engage with it fully and give them the opportunity to explore alternative solutions for you to remain working.
do not resign out of some misplaced guilt that you’re wasting their time

It’s usually best to be dismissed due to health capacity as you may be due pay in lieu of notice plus if you need to apply for unemployment benefits you have to wait if you resign but not if you are dismissed. You can make it clear to employer that you are open to that and that you won’t be fit to return in the near future.

Definitely look into ESA if you are not fit for work.

You do know this is Mumsnet, don’t you? 😶

Pretty sure once your SSP or sick pay runs out you can claim off the dwp. Then if they dismiss you for absence as you are still too ill to work you can continue to claim but if you resign then tha claim ends. This came from a friend in a similar position. I would hold out and let them take you through the process, if you have only been off for 6 months not that long in my experience. As a company the would need to demonstrate they have tried everything, have you asked to go through this or have they? Have you had occupational health referrals? The should be referring you first before taking you through any process. Could your illness cover you under the equality act, therefore they would need to consider reasonable adjustments.

If you qualify for PIP you should apply now, it isn't a means tested benefit and is available to people in work, as well as those who are not/are unable to work.

I’m sorry for the predicament you find yourself in OP. If you’re claiming UC and carers element you do not need to claim carers allowance. They deduct this £1 for £1 out of your universal credit. By claiming carers allowance you will restrict yourself to an earnings limit that wouldn’t be there on universal credit as long as you are still doing 35 hours per week of care. Have you looked at claiming PIP for yourself? Also if you are a carer you won’t be penalised for resigning as you are not required to look for work when caring for someone full time.

You need to check but it may be best to jump before you are pushed.
If they are setting up a capability meeting they are looking for cause so they don't have to pay retrenchment benefits. If they go through with the meeting its then on file and if any future company does a background check it may get flagged (a HR specialist would be better positioned to comment).

Union rep here.

Do not resign. Let the process play out.

I have to say though, you really should have joined a union for advice, you could have had more help before it got to this point.

Helpful. I'm sure op will just pop into her time machine and sort that out.

Sorry that you are in this position - I am probably just repeating other replies - but please DO NOT resign, if you do you leave voluntarily you are giving up any employment rights, which you do have if employed for over 2 years, as they can say that you made the choice to leave / end of story.
You could be temporarily put on unpaid leave if SSP has run out then you can potentially claim new style ESA & still remain under contract with your employer. As mentioned, ACAS (& CAB) can advise also.

Good luck & don't be 'bullied' into resigning or depending on successfully reapplying for your own job once you are well enough.🌹

I thought you had to have left employment to qualify for new style ESA?

If you're not well enough to work why can't you claim new style ESA and pip? You should at least apply.

Hi All,

Sorry it has taken me so long to come back, I caught a horrendous bug and it wiped me out. Thank you for all the replies, lots of really helpful advice and am glad I posted as I see hanging in my notice isn’t the way to go.

In answer to some of the questions, there is no alternative role or sabbatical available. No private health insurance.

@SantasNewLittleHelper Work have initiated things and asked me for a capability meeting. They have also just asked for consent for occupational health.

@HyperbowlThat is useful to know. I wasn’t sure if I could just claim the UC. Although with Carers Allowance, even though it’s £ for £, it also gives the NI credits. Im not sure if just UC does this?

@NimblethimbleIt would have been helpful to be in a union and usually I am but this was only a part time job that was meant to be temporary. Hindsight is a wonderful thing.

@BillieWiper I am going to find out about Pip. My SSP has only just run out and I’ve only just got what I need to claim ESA but I’m looking at which to claim anyway.

Currently -
Capability meeting is booked.
SSP has run out and I have just been given an SSP1 form for claiming benefits.
I am going to enquire more about PIP, I won’t qualify for it with current health issues but I want to see if it’s worth applying for my disability. I always thought I wouldn’t qualify based on the criteria but I may be wrong, depends what they look at. My DC has just been approved for PIP and I was shocked there were things I hadn’t considered that they identified as points and they scored higher than I thought they would so worth a try.
I haven’t managed to contact ACAS or CAB so that’s my next job.

Also regarding benefits -
I think it will be better for me to claim CA than ESA as ESA is up to a year and CA doesn’t have a limit. Also it’s highly unlikely I will be looking for work as due to my caring responsibilities I can only work a small number of hours at a very particular time so not actually many jobs available in the first place. Plus my disability also impacts on what work I can do etc. I would also find certain DWP work focused activities difficult due to my disability so would rather avoid them.
Once I am well I will either go back to my current job or just wait a little bit until I can go back to work properly.

Sorry forgot to ask, any useful tips for my meeting? I’m anxious as I don’t know what to expect and haven’t had one before.

ESA can be more than a year if you've paid enough NI. If you've worked consistently for a decade plus it should entitle you to it permanently?! I think. But that might be only for people who are having severe disabilities.

Thank you, I will investigate further as I have always worked so should have enough NI.

Im sorry to hear you are unwell, Its not the end of your career.

I had a relative in this position (mental health issues) employed in local government. She had to go through the bureaucratic process of six months full pay and six months half pay. She was then awarded a medical retirement on health grounds based on accrued pension. After 2 years she was well enough to do a qualification to update her skills and eventually returned to full time work.