If i leave, can i claim??

Herbster

Im currently signed off from work since November with Stress, Depression and Anxiety. Work have told me i stop getting paid from this month. I am not well enough to return back yet and take medication to help me. My employer has said they are not able to hold my job open for me. So my question is if i was to leave my employment would i be entitled to claim anything from the start?

I have been in full-time employment for 7 years with no gaps in between jobs.

fengirl_2

How long have you been with this employer?

Herbster

I have been with current employer for 3 years.

Horace

Has the employer stopped paying you because your company sick pay has run out? I would contact ACAS for their advice - it is free.

Is the stress work-related and if so did you lodge a grievance about anybody regarding it? I can see why your employer is saying that they cannot hold your job open because they have no idea when or if you will return to work because you have been off 5 months. Are you in a union?

Are you well enough to return on a part time basis? What does your GP say?

Herbster

Yes my sick pay has ran out. The sick pay is part work related but not to do with any particular person there. And tbh i have no idea my self when i will be able to return to work. I am in a Union but have not spoke to them since i was given final warning for attendance.

Basically my employer rang me this week to say in so many words that if i handed my notice in i would always get a reference from them but they cant hold my job open. So from reading between the lines i thought if i was to hand notice in what if anything would i be entitled for. Heard i would have to wait 6 weeks before any claim for JSA.

Horace

Herbster wrote: »

Yes my sick pay has ran out. The sick pay is part work related but not to do with any particular person there. And tbh i have no idea my self when i will be able to return to work. I am in a Union but have not spoke to them since i was given final warning for attendance.

Basically my employer rang me this week to say in so many words that if i handed my notice in i would always get a reference from them but they cant hold my job open. So from reading between the lines i thought if i was to hand notice in what if anything would i be entitled for. Heard i would have to wait 6 weeks before any claim for JSA.

You will have to wait 6 weeks to claim JSA. You also need to get in touch with your union again - its what you pay your subs for. They should know that your job is under threat and should be working with you and your employer to make it possible for you to return to work. Why is your employer phoning you at home anyway? They shouldnt be ringing you to tell you to resign - that is harassment. Contact your union today because your job is at risk.

fengirl_2

They are being very underhand. If they want you to leave, they should go through the formal procedure and dismiss you (then you could claim benefits). However, there is also the issue of disability discrimination. I think you need to phone the ACAS helpline as a first step and then go and see an employment advisor.

Herbster

Ok thanks for all the replies guys. I will ring my union and take things from there. Hopefully they will be better than last time

mazza111

If it's just company sick pay that's run out you will still be entitled to SSP and still be employed by the company. I know it's not much, but I would strongly advise not to resign. Let them do the work. Let them offer some sort of medical severance pay.

Horace

Herbster wrote: »

Ok thanks for all the replies guys. I will ring my union and take things from there. Hopefully they will be better than last time

If you don't get any satisfaction from the rep go above his/her head to the regional office. Remember you pay subs and for most unions those subs aren't cheap - make them earn your subs.

Good luck.

taxi97w

If you have sick notes from your doc saying you are suffering from depression, you should be able to get on incapacity benefit immediately.