Fired on the grounds of capability - what now?

DearyMe22 · 16 January 2009 at 10:02PM

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.

SomeBozo · 17 January 2009 at 11:47AM

Cant help you on the benefits side (there is another board for that) but:

The plan was to stay off sick until I found a new job

Being off sick is to help you get better, not to stay off to job hunt.

Sounds like your last employer made a good move! Welcome to the world of unemployment and a "termination" on your record.

Bozo

Head-Out-Of-Sand · 17 January 2009 at 11:57AM

Hi there,

Are you in a union? Have you looked into whether procedure was followed in dismissing you?

Obviously I don't know what has happened here, but there are usually procedures to be followed if there is a problem with sickness, especially if you have claimed it is work related.

Did you raise the issues with your employer before going off sick? Did they address any stress related issues in any way? Did you receive an OH assessment in regards to your stress?

It may be worth looking into whether you have been fired unfairly - i don't know the details of your case and it can be very hard to prove these things, but to cause someone stress (if this can be proved) due to negligence and to fail to address this could possibly be seen as wrongful dismissal. It is notoriously difficult to prove though.

If you're not unionised, I would suggest that you speak to the citizen's advice as soon as possible. They will be able to get all the details from you in regards to your treatment at work and your dismissal - if there's nothing to be rectified there, they could also advise you on your rights relating to benefits I would think?

Good luck, hope you feel better soon.

P.S. I'm guessing that you mean you were off sick because of the sickness i.e. to the stress, and felt unable to return to work, and were hoping to find alternative employment as a way out?