I'm losing my job.... a few big questions

[dancingqueeen]

I've posted on here a couple of times before, during my illness and subsequent return to work .
I'm working 3 days a week but haven't yet been able to return to work full time. They are therefore dismissing me on grounds of 'incapacity' even though there is no complaint about the work I do or my productivity when I am in. I'm fairly sure the motivation is just that the business is in serious trouble and they are playing nasty to get rid of staff whereever they can, without more embarrassing rounds of redundancies, anyway, I have a few questions:

1. I'm entitled to 3 months notice /pay in liue of notice, according to my contract. Will this be at full pay/ or my 3 days a week pay/ or as its 'incapacity grounds' will it just be sick pay

1. I'm looking for new jobs, if I get a new one within 3 months presumably I'm ok to start working within my notice period, without sacrificing the notice pay?

1. I'm fairly sure I would have a case for unfair dismissal/ disability discrimination. Is it possible to get financial support for legal advice, or how can I acccess it as I need all the money I have to enable me to not lose our home before I find a job

Any advice would be gratefully appreciated!

1. notice pay depends on how they treat it. if you work your notice you will only be paid for what you work. however they are likely to do pay in lieu of notice, in which case you will be paid your contracted amount.

1. if you are working your notice, you can't star another job. if they've done pay in lieu, you will can start another job whenever you like.

1. there's no legal aid for tribunals. you might be able to find a no win no fee solicitor. if you're prepared to post a few more details I will give you an opinion on your case, but I am not lgally qualified. You should appeal your dismissal to maximise your chances of winning a tribunal.

1. It won't be sick pay as you are not signed off sick at the moment, you are working. They could argue that as you are currently on a reduced salary they only need pay you that reduced salary, on the grounds that this decision is being taken because there is no realistic prospect of you being in a position to earn your full salary during the next 3 months.

1. Again, it depends. If you are working your notice and then get a new job, you will then need to resign and will obviously forfeit the rest of your notice pay. If you are paid in lieu of notice and your employment is terminated immediately, you will be able to work straight away. If you are sent home on garden leave for the duration of your notice period but still employed, again, you'd need to resign and forfeit the rest of your notice pay.

1. You must appeal your dismissal first. You might have legal cover with your house insurance, lots of people do, you could look into that. Unfair dismissal compensation is based purely on financial loss, so from that point of view, if you get a new job soon it will be pointless bringing a claim as you will have suffered very little financial loss. If you have a discrimination claim that is slightly different. Presumably you feel they could have adjusted your job to accommodate your disability and are refusing to do so? If you feel you have a disability discrimination claim you do need to see a solicitor to talk it through.

Thank you for the messages. that has given me some useful stuff to think about.

Presumably it is unlikely they would ask me to work my notice? Is pay in lieu of notice the most common? the garden leave scenario seems unfair too, as I would be very unhappy to have to sit around at home and not start a job until the three months was up.

as it will be part way through a month on friday (I get paid in arrears on last day of month), presumably I should be paid for the 1st, 4th, 6th of May and then for 3 months on top of that?

should I be trying to see a solicitor before my dismissal meeting/ my appeal, or is it ok to only bring them in after that? (I'm just concerned about the costs)

They are most likely to pay you in lieu of notice, yes. If you are dismissed on Friday 8th May, you should be paid for any time you have worked up to then and then 3 months pay on top, assuming they pay in lieu of notice.

it's up to you when you bring in your solicitor. As yet you haven't even been dismissed, so I'd probably wait until you've been actually dismissed, so that you have hard facts and evidence to present to him/her, rather than what you think will probably happen. Once you've been dismissed, a solicitor should be able to help you with your appeal and also advise how to bring a discrimination case.

Thank you flowery, that is very helpful. That is what I intend to do then. I'm a bit apprehensive about a tribunal claim but determined not to let my employer get away with riding roughshod over all my employment rights just because they're in financial troubles (particularly as they are a law firm!)