Fired on the grounds of capability - what now? (JSA or Incapacity)

DearyMe22

I received a letter from my employer stating I have been sacked on the grounds of incapability. I have been on long term sick for stress/depression and receiving statuary sick pay.

The job was very stressful and making me unwell. The plan was to stay off sick until I found a new job, but with the credit crunch etc it has been difficult. I knew the 'sacking' would occur eventually so am not shocked/disappointed/surprised.

So what benefits will I be entitled too? If I understand correctly, to claim IB I will have to undergo medical examinations, which will not recognize stress/depression? (since the changes in oct 2008).

So that leaves JSA, but they will look favourably on me due to the fact I've been 'fired' - even though it's on the grounds of capability?!

Any help appreciated, thanks.

healy

You cannot claim IB now, it has been replaced by the Employment and Support Allowance (ESA). For this you will probably have to have a medical but mental health conditions are still covered. If you cannot work you should claim ESA.

If you can work you should claim JSA, a decision maker will look at your claim and they decide if it is acceptable.

Got2change

I think this will be a bit of a muddle.
That job made you stressed and depressed which is fair enough; but you were and are looking for a more suitable job that you would feel able to do so technically speaking I think you would be pushed towards claiming JSA not the IB replacement. Then the tricky bit would be that you were dismissed - but I think you would be entitled to JSA as there was little you could have done to prevent the dismissal. Just be careful what you say - as in "the plan was to stay off sick until I found another job"......
As for medicals, you would be required to attend one after making a claim for ESA and submitting the IB50 or whatever the new form is called. The criteria for stress and depression are very very broad so impossible to say whether or not you would be eligible - and remember, you would need a Doctors note to start the process also.

DearyMe22

Thanks,

I'd prefer to go the JSA route. Ok I only get 60 pounds per week as opposed to 63 on short term incap, but at least i won't have to mess about with sick notes and medical examinations (incidently i was kicked off incap 8 months ago, i then got this job) and i plan hopefully to get a job soon anyway so don't mind going to sign on and job seeking.

With JSA is it just a case of going to a job centre and having an interview? Will they ask for letters and stuff from my previous employer confirming my 'sacking' ?

davenkirst

Having worked in recruitment for many years i used to have a high turnover of temps... alot of which would go to "sign on" and put me down as the last employer.. I would get a note to complete and confirm that they were employed, the dates etc etc..... A P45 would help if you have one too

tinypawz

DearyMe22 wrote: »

I received a letter from my employer stating I have been sacked on the grounds of incapability. I have been on long term sick for stress/depression and receiving statuary sick pay.

Have you been depressed for longer that a year and seeking medical help?

I have recently returned to work after shortterm illness. My employer requested that I attend Occupation Health. From that, I have discovered, any illness longer than a year is convered by the DDA (disablity discrimination act) and you cannot be fired! You may be able to take your employers to a tribunal to get your job back or compensation.

DearyMe22

tinypawz,

I've looked a bit into it, but I was only employed for 8 months. I hear unfair dismissal cases are usually only favourable for instances where you have been employed for over a year.

The illness goes back to my teens. I was never requested to attend any medicals. Just letters to attend meetings, which I did not attend. So they made the decision in my absence.

It's a big worldwide organisation (household name etc) i don't have any finances to take them on in the courts.

tinypawz

That's unfortunate about length of time employed.

If the depression has such an impact on your ability to work, you may be able to claim DLA.

Got2change

DearyMe22 wrote: »

Thanks,

I'd prefer to go the JSA route. Ok I only get 60 pounds per week as opposed to 63 on short term incap, but at least i won't have to mess about with sick notes and medical examinations (incidently i was kicked off incap 8 months ago, i then got this job) and i plan hopefully to get a job soon anyway so don't mind going to sign on and job seeking.

With JSA is it just a case of going to a job centre and having an interview? Will they ask for letters and stuff from my previous employer confirming my 'sacking' ?

Basically yes. Best thing is to ring first and make your claim (in fact, I think you have to); sorry, I don't know the number offhand. You will give all details over the phone and then an appointment made to attend in person. Make the call as soon as you can (think they operate on a Saturday so you could do it today....) as this counts as Day One of your claim and is significant even if there is some hicccup with you actually being eligible.

When you go in person, it may be useful to take with you any documents relating to your dismissal but they will anyway check with your ex-employer. What they say may have some bearing on your eligibility but I really do think that you will be able to claim JSA from the outset with little or no problem. The question of your illness (job-specific?) may be brought up and that is the point when ESA might be discussed but I don't think you should apply for it as I stated before and for the reasons you yourself have given.

Also it may seem as though it is £60.50 versus £63.75 but if you also receive Housing or Council Tax Benefit, a deduction is made from them for anything over the £60.50 so you lose the "extra" anyway.

(I hate that I know all this.)