Ill health and returning to work, where does my wife stand?

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  • Lungboy
    Lungboy Posts: 1,953 Forumite
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    w06 wrote: »
    Do you mean she's fit and well but concerned that a resolved problem may recurr?

    If that's the case could she not go back to her old job and address the issue if it does recurr?

    The problem is resolved for now but will never be cured. It can flare up again for no reason and with no warning, and if that happens when she's stood in a customer's house or sat in her van then it would be horrible .
  • Lungboy
    Lungboy Posts: 1,953 Forumite
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    This has finally come to a conclusion. Early in January she was put on indefinite paid leave by the company with early access to any new jobs coming up that would suit her skills and medical needs. Best result we could have hoped for!

    Fast forward to yesterday and they have now decided that 1 month was their limit and they are offering her 2 months pay and won't ask her to return her enhanced maternity pay and they'll put her end date as 31st January. This seems quite generous so i'm in favour. However, they want her to sign paperwork saying that she resigned her post, which is not true. If she signed it, could that have any ongoing repercussions over things like JSA etc?
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Lungboy wrote: »
    This has finally come to a conclusion. Early in January she was put on indefinite paid leave by the company with early access to any new jobs coming up that would suit her skills and medical needs. Best result we could have hoped for!

    Fast forward to yesterday and they have now decided that 1 month was their limit and they are offering her 2 months pay and won't ask her to return her enhanced maternity pay and they'll put her end date as 31st January. This seems quite generous so i'm in favour. However, they want her to sign paperwork saying that she resigned her post, which is not true. If she signed it, could that have any ongoing repercussions over things like JSA etc?
    Technically any voluntary 'redundancy' is a resignation.


    Given she's unable to work, will she be entitled to JSA anyway?
  • Lungboy
    Lungboy Posts: 1,953 Forumite
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    She's able to work, just not in the role she previously had.
  • pmlindyloo
    pmlindyloo Posts: 13,049 Forumite
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    edited 2 February 2018 at 12:00PM
    Lungboy wrote: »
    This has finally come to a conclusion. Early in January she was put on indefinite paid leave by the company with early access to any new jobs coming up that would suit her skills and medical needs. Best result we could have hoped for!

    Fast forward to yesterday and they have now decided that 1 month was their limit and they are offering her 2 months pay and won't ask her to return her enhanced maternity pay and they'll put her end date as 31st January. This seems quite generous so i'm in favour. However, they want her to sign paperwork saying that she resigned her post, which is not true. If she signed it, could that have any ongoing repercussions over things like JSA etc?

    I am presuming that you are actually working and she would only be eligible for contribution based JSA.

    If you resign from your employment without 'good reason' then your JSA can be sanctioned for a period of time.

    Only a decision maker can decide whether your OH had 'good reason'. Given what you have said it is possible that 'good reason' would be accepted. However, the JSA claim could be drawn out. On the other hand it could go through easily. The Job Centre can contact her employers.

    The easiest way would be for the employer and your OH to have a mutual agreement to end her employment because of her health condition. It would be best if this is put in writing.

    I suspect the employer is asking her to resign so that they cannot be accused of unfair dismissal (others more knowledgeable will comment on that aspect).

    Of course if you are not in financial difficulties because of her leaving her job then she may wish to claim contribution based JSA and just see wait what the outcome is.
  • sangie595
    sangie595 Posts: 6,092 Forumite
    What is her notice period? How long has she worked there?
  • Lungboy
    Lungboy Posts: 1,953 Forumite
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    sangie595 wrote: »
    What is her notice period? How long has she worked there?

    She's been there ~4 years. No notice period, they'll be ending her contract as of 31st january. Unless you mean in her contract, in which case I don't know, but I'd guess 4 weeks.
  • sangie595
    sangie595 Posts: 6,092 Forumite
    In that case then yes, it's probably as good as is going to get as an offer.
  • Lungboy
    Lungboy Posts: 1,953 Forumite
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    Her work is also offering her up to £350 to get a solicitor to look over the agreement they want her to sign. Is there really any need if she's happy with the terms in the letter she received?
  • ssparks2003
    ssparks2003 Posts: 809 Forumite
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    Take the offer and see a solicitor, otherwise if anything goes wrong you will be the one complaining
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