On Long-Term Sick and looks like contract will be terminated.

saintscouple

Just after some thoughts really.

I've been off work since March 2009 with depression, anxiety, panic attacks and agoraphobia.
I have been with the company for nearly 6 years.
I'm under the care of a psychiatrist and psychologist.
My employer have been obtaining reports from my psychiatrist, which i have a copy, and basically states that he is confident i will be able to return to work, but unable to state as to when.

My SSP exhausted from October and have been on ESA since then.
I have kept my employer up to date with my progress, and medical certificates which the latest one expires Feb 2010.

I received a letter from employer recently requesting a meeting to discuss the latest report. The letter doesn't state if this was a planned informal or formal meeting.

I discussed the request with psychologist and we agreed it could be detrimental to my recovery, and thus for this reason i requested perhaps we could communicate via email.
My manager telephoned my spouse to confirm receipt of my request and advised that she needed to clarify a few points her end, but will get back to me.

Today i received a letter, confirming receipt of my request and acknowledging my reasons for not wanting a meeting at this time, however she has proposed a Formal absence meeting with me in a couple of weeks time which she will bring a colleague and i have the right to have representation.
It also states that if i am not well enough to attend the meeting then it can be held via correspondence. i.e she will email me questions and points that are to be discussed in the meeting and i am to email back my answers. She will then inform me of her decision in writing.

Attached to the letter is the long-term absence procedure, which hasn't been followed until now, and states there must be a minimum of 3 formal meeting prior to termination of contract.

My head is all over the place with this, and something i can really do without right now, as i convinced that they want to terminate my employment.

Why has it turned from a discussion about a medical report to a formal meeting?

I will have to conduct my part of the 1st formal meeting by email as offered. But when i do this will they be able to say i didn't attend and thus have the right to terminate my employment there and then, or as email was offered as an option would this be classed as attendance?

I can understand them wanting to be kept undated on my condition, which i have done regularly.
I have co-operated fully with their requests for medical reports.

If they decide to terminate my employment would i receive any holiday pay that I've been unable to use pro-rota?
If i resign now, would i be eligible for this?
Or as my ssp exhausted and I'm on esa do i have no rights to this?

I would like to return to work with my employer, but i don't know when this will be possible.
Previous to this episode of absence i was off for nearly 6 months the year before with the same conditions, and had a gradual return to work, but my conditions quickly returned and thus this episode started.

My manager and I haven't seen eye 2 eye since she was up for a disciplinary, and asked me to be an alibi for her, which i refused.
She survived the disciplinary and i know the names of the alibi's she used to get off the hook, but haven't said anything and tbh the whole fiasco didn't help my condition of anxiety.
Do i bring this up in the formal meeting? as it's by email it will be written but direct to the manager mentioned.

As i mentioned at the start of this head is all over the place and I'm so confused.
Is there anyone who can give their opinion of what routes are available to me?

I'm in office based employment with no union involvement.

Many Thanks

Debt_Free_Chick

I think you need to stop seeing this as some kind of persecution/punishment. Unfortunately, it is just standard practice with all employers.

Anyone can be dismissed if they are not capable of doing their job, even if their incapability is due to illness.

You could simply go through the procedure and - if you are not then capable of returning to work - face dismissal (on grounds of capability). However, you need to think of yourself and ask yourself if you are capable of seeing this process through without exacerbating your health problems. The alternative is to do away with the process and simply resign.

Either way, you should get the holiday you've accrued whilst you've been off sick.

The bottom line is that if you are not able to do your job, you can be dismissed. But do you want to go through the process or simply resign?

dmg24

Debt_Free_Chick wrote: »

I think you need to stop seeing this as some kind of persecution/punishment. Unfortunately, it is just standard practice with all employers.

Anyone can be dismissed if they are not capable of doing their job, even if their incapability is due to illness.

You could simply go through the procedure and - if you are not then capable of returning to work - face dismissal (on grounds of capability). However, you need to think of yourself and ask yourself if you are capable of seeing this process through without exacerbating your health problems. The alternative is to do away with the process and simply resign.

Either way, you should get the holiday you've accrued whilst you've been off sick.

The bottom line is that if you are not able to do your job, you can be dismissed. But do you want to go through the process or simply resign?

I would agree with all of the above.

There are many people that would advocate not resigning and waiting until you are dismissed, but I would seriously consider the effect this would have on your health. I would also think about future employment, and the possible impact of having been previously dismissed for health reasons.

I do feel for you, I have been in your position. However from an employers point of view, I would be seriously questioning whether you can fulfil your work duties on a long term basis.

saintscouple

Thank-you both for taking the time to reply, and indeed read through my somewhat long post - didn't quite realise till afterwards it was so long.

I'm thinking of seeing through the 1st meeting and taking it from there.
I say that, but i know I'm going to get worked-up nearer the time.

I will discuss this with my psychologist next week as to what she thinks would be best from a health point of view.

May i ask that if i do decide to resign, will my esa be effected?
Won't they see it as me voluntarily giving up employment, thus penalise me in someway?

I have enough money worries since becoming ill and don't want to make it worse by resigning.

Thanks again.

Vader123

Debt_Free_Chick wrote: »

I think you need to stop seeing this as some kind of persecution/punishment. Unfortunately, it is just standard practice with all employers.

Anyone can be dismissed if they are not capable of doing their job, even if their incapability is due to illness.

You could simply go through the procedure and - if you are not then capable of returning to work - face dismissal (on grounds of capability). However, you need to think of yourself and ask yourself if you are capable of seeing this process through without exacerbating your health problems. The alternative is to do away with the process and simply resign.

Either way, you should get the holiday you've accrued whilst you've been off sick.

The bottom line is that if you are not able to do your job, you can be dismissed. But do you want to go through the process or simply resign?

I agree 100% with this, sound advice.

May i ask that if i do decide to resign, will my esa be effected?

Not sure about this one, but this is a good reason for going through with the sickness policy of your employer.

Vader

dmg24

Your ESA will not be affected, that is based on your incapacity/ incapability to do work, so your resignation will not be a factor.

I'm sure you know this anyway, but when replying to their emails, be careful how you phrase things. Remember that, if they are looking to dismiss you, they will quite possibly phrase things in a way to get the answers they want. The benefit of written communication is, without being obstructive, you get to put across the information that you want to with the opportunity to think it over first.

(Apologies if the last bit doesn't make sense - you know what I mean! )

Vader123

dmg24 wrote: »

Your ESA will not be affected, that is based on your incapacity/ incapability to do work, so your resignation will not be a factor.

I'm sure you know this anyway, but when replying to their emails, be careful how you phrase things. Remember that, if they are looking to dismiss you, they will quite possibly phrase things in a way to get the answers they want. The benefit of written communication is, without being obstructive, you get to put across the information that you want to with the opportunity to think it over first.

(Apologies if the last bit doesn't make sense - you know what I mean! )

Again good advice, we know what you mean.

You are probably flustered because you are about to get your weekly dose of jedwood (or whatever the hell they are called)

Vader

saintscouple

dmg24 wrote: »

Your ESA will not be affected, that is based on your incapacity/ incapability to do work, so your resignation will not be a factor.

I'm sure you know this anyway, but when replying to their emails, be careful how you phrase things. Remember that, if they are looking to dismiss you, they will quite possibly phrase things in a way to get the answers they want. The benefit of written communication is, without being obstructive, you get to put across the information that you want to with the opportunity to think it over first.

(Apologies if the last bit doesn't make sense - you know what I mean! )

lol yeah thanks, i know exactly what you mean.
For peace of mind i will phone the esa people on Monday to clarify, but discussing this with my wife now, and reading back through my latest medical report where it does state that a return to work would unlikely to be within 6 months, that resignation is possibly the best course for me.

It just seems that I'm battling to overcome my illness, and by resigning I'm being defeatist...though reading through your replies again can start to look at it as that I'm taking control of my future and not leaving it to others to decide.

You have all been very helpful, and I thank you all once again.

saintscouple

Vader123 wrote: »

Again good advice, we know what you mean.

You are probably flustered because you are about to get your weekly dose of jedwood (or whatever the hell they are called)

Vader

Thanks for making me smile for the 1st time today

Debt_Free_Chick

saintscouple wrote: »

It just seems that I'm battling to overcome my illness, and by resigning I'm being defeatist...though reading through your replies again can start to look at it as that I'm taking control of my future and not leaving it to others to decide.

I wished I'd included that in my original reply as that is what I'd intended.

I've been a "victim" too many times in my life and taking control is definitely a far more positive option!

Who knows, you may find a job that is far less stressful for you

Good luck to you

dmg24

saintscouple wrote: »

lol yeah thanks, i know exactly what you mean.
For peace of mind i will phone the esa people on Monday to clarify, but discussing this with my wife now, and reading back through my latest medical report where it does state that a return to work would unlikely to be within 6 months, that resignation is possibly the best course for me.

It just seems that I'm battling to overcome my illness, and by resigning I'm being defeatist...though reading through your replies again can start to look at it as that I'm taking control of my future and not leaving it to others to decide.

You have all been very helpful, and I thank you all once again.

I had so many people tell me this - 'fight or flight', and in their opinion I was flying. I wasn't (although it took me a lot longer to realise this), I was finally doing what was best for me, not for what other people expected of me.

If you need any help with your benefits entitlement, you could start a thread on the Benefits board, or post a few details on here and I can check you are getting everything you are entitled to. Does your wife work, and are you receiving help with housing costs (SMI or LHA)? Also, have you applied for DLA? Sorry, am digressing ...