Help! I am about to be dismissed through incapacity.

Scottyboy

Help. I dont know what to do next or what I am entitled to.

I am 28 years old and have severe backpain and cant feel my leg. Medical professionals have drawn a blank so far and my work can no longer keep my job open.

I work for a large financial institution and have done for 8 years and have been off sick since my maternity leave ended in July. They have held meetings with me each month since and appear to have adhered to their procedures. I was on a fairly high salary and needed to be as I have 3 small children and a new house.

I now dont know what to do? They have stopped paying SSP because its over 28 weeks and I have to claims something called Employment and Support Allowance. The Dr has been good and provided lots of evidence and certs etc. What am I entitled to? They said I am to young to be retired and it isnt covered by the disability act and that I should consider taking a career break otherwise they will terminate my employement. Would I be entitled to any sort of pay off? They owed me holidays from before I was off and said they would pay me when I went back and obviously I cant go back.

I dont know how we are going to survive without my salary!

Conor_3

When you've said they're drawing a blank, have you had a MRI scan yet? I had my back go big time in the early 90's and had it operated on. When it went again in 2001, I had two years of fighting to get them to finally do a MRI scan to confirm what I'd told them all along - that I had yet another compressed disc in my spine to go with the other two which were operated on. Had to go through all the rigmarole of "give it xxx weeks rest", "try an osteopath", "try physiotherapy".

You'll be entitled to all outstanding holiday pay including for the time you were on SSP. You can claim ESA and I'd also claim DLA as well. Tax credits will make up some of the shortfall depending on OH's income.

Scottyboy

Thanks, yes I have had an MRI and it came back normal. They are now going to do an electrical nerve conduction study and send me to the chronic pain clinic.:eek:

CFC

No, you are not entitled to any kind of pay out. If you are terminated through incapability procedures you will of course be entitled to whatever notice period your contract offers and whatever holiday pay you have accrued.

You would be well advised I think to consider taking a career break if your present employers allow this - some employers will allow you to effectively take a year's sabbatical.

Bismarck

don't career breaks require you to actually resign? you need to check the wording carefully. take care.