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

dmg24

ilovecows wrote: »

ill be doin 3x 5 hour shifts

In that case you will not qualify for Return to Work Credit or Working Tax Credit.

ilovecows

dmg24 wrote: »

In that case you will not qualify for Return to Work Credit or Working Tax Credit.

would i be better off doin 16 hours?

dmg24

ilovecows wrote: »

would i be better off doin 16 hours?

This would depend on several factors. If you enter figures into www.entitledto.co.uk based on working 15 hours with ESA or 16 hours without ESA this will give you an idea of your entitlement.

saintscouple

ilovecows wrote: »

hi there


i resigned from my job recently and was told id get 106 hours full holiday pay that i have not taken for the year so was expecting a nice chunk of pay today... however no money in my bank!

i rang my work and they said they have taken it all to balance out my sickness for november

yet they didnt pay me anything?? and have not done for the past year as i have been getting esa!

do you know what they are up to??

Hi there,

Just wondered how you got on with this?

I recieved my final payslip today, which shows a sickness recovery amount.

I have questioned this, and my employer had to put down that i had worked a month, but then obviously as i didn't recoup it back through this sickness recovery thing. But in addition then adds the holiday pay - which can be explained better like this -

(a) monthly pay £xxxx.xx
(b) holiday pay £xxxx.xx
(c) sickness recovery -£xxxx.xx

Thus (a) and (c) cancel themselves out leaving you with (b).

It looks to me that your employer has missed either (a) or (b) in their calculations.

System

Not sure of i can offer advice but wanted to wish you luck. I lost my job due to MH problems (well apparently i resigned-long story). But as bad as it was at the time i am seeing this period as a time to recover. Once i'm better i can get back to work. So i think i'm trying to say if the worst does happen and you loose your job, try and see this as a chance to take time for yourself to become 100% back to being ok and ready to work again. Sorry if thats not helpful.

ilovecows

saintscouple wrote: »

Hi there,

Just wondered how you got on with this?

I recieved my final payslip today, which shows a sickness recovery amount.

I have questioned this, and my employer had to put down that i had worked a month, but then obviously as i didn't recoup it back through this sickness recovery thing. But in addition then adds the holiday pay - which can be explained better like this -

(a) monthly pay £xxxx.xx
(b) holiday pay £xxxx.xx
(c) sickness recovery -£xxxx.xx

Thus (a) and (c) cancel themselves out leaving you with (b).

It looks to me that your employer has missed either (a) or (b) in their calculations.

If i would of handed my notice in and given 4 weeks i would of got my full holiday pay.

what should of happened is-

My monthly salary was £1217.08, then they minus November sickness of £1217.08 then they would of added on the £999 holiday pay leaving me a positive balance of £999

but as my role was terminated on the 8th and not the 5th January they have calculated it as-

December salary being £317.50 as that was the pay up until the 8th of the month, minus November sickness of £1217.08 leaving me with a negative balance and no holiday pay

tyke712

People always say ya not the only one?!........ can anyone give me bit of advice ive bin reading all posts and im in a similar position.


Been off work since september 2009 with arthritic condition in knees due to the nature of my job i am unsure i want to return and possibly have a reocurrence with my health, I am also suffering wit depression and have been worryin and anxious bout the return to work. I had meeting with work bout 5 weeks ago and they have now started the process of medical reports etc.

If I resign will it effect me applying for job seekers allowance? i spoke to somebody today from dss who has said it depends the terms of me being out off work wether i have to wait 13 weeks before a claim? I cannot obtain funding for training because im technically still employed. the company has (between the four walls) offered me medical severance, but all i have to do is get in touch with hr? isnt this basically saying that i am the one requesting to leave and leave myself with out a leg to stand on benefit wise?


Also on the previous posts health is definately more important than money! I am also feeling the pinch from being out of a highly paid job, to be living on the bones.... I say screw the money i want my health but at least allow me the help to get myself in a position to take up full time employment that i am capable.



Any help would be much appreciated.

jdturk

tyke712 wrote: »

People always say ya not the only one?!........ can anyone give me bit of advice ive bin reading all posts and im in a similar position.


Been off work since september 2009 with arthritic condition in knees due to the nature of my job i am unsure i want to return and possibly have a reocurrence with my health, I am also suffering wit depression and have been worryin and anxious bout the return to work. I had meeting with work bout 5 weeks ago and they have now started the process of medical reports etc.

If I resign will it effect me applying for job seekers allowance? i spoke to somebody today from dss who has said it depends the terms of me being out off work wether i have to wait 13 weeks before a claim? I cannot obtain funding for training because im technically still employed. the company has (between the four walls) offered me medical severance, but all i have to do is get in touch with hr? isnt this basically saying that i am the one requesting to leave and leave myself with out a leg to stand on benefit wise?


Also on the previous posts health is definately more important than money! I am also feeling the pinch from being out of a highly paid job, to be living on the bones.... I say screw the money i want my health but at least allow me the help to get myself in a position to take up full time employment that i am capable.



Any help would be much appreciated.

I would be asking what the payoff would be first and factoring that into whether it is worth waiting the period before you can claim.

Without the full facts no one can know.

Uncertain

tyke712 wrote: »

People always say ya not the only one?!........ can anyone give me bit of advice ive bin reading all posts and im in a similar position.


Been off work since september 2009 with arthritic condition in knees due to the nature of my job i am unsure i want to return and possibly have a reocurrence with my health, I am also suffering wit depression and have been worryin and anxious bout the return to work. I had meeting with work bout 5 weeks ago and they have now started the process of medical reports etc.

If I resign will it effect me applying for job seekers allowance? i spoke to somebody today from dss who has said it depends the terms of me being out off work wether i have to wait 13 weeks before a claim? I cannot obtain funding for training because im technically still employed. the company has (between the four walls) offered me medical severance, but all i have to do is get in touch with hr? isnt this basically saying that i am the one requesting to leave and leave myself with out a leg to stand on benefit wise?


Also on the previous posts health is definately more important than money! I am also feeling the pinch from being out of a highly paid job, to be living on the bones.... I say screw the money i want my health but at least allow me the help to get myself in a position to take up full time employment that i am capable.



Any help would be much appreciated.

From a financial point of view it is almost always best NOT to resign in these situations. Sit tight and let the firm make the moves.

Ultimately the firm may be able to terminate your contract on the grounds of capability (ill health) but there are a number of steps they need to go through to do this properly and protect themselves from claims.

They may possibly offer you what is know as a "compromise agreement". This is a legal document where you sign away (almost) all rights to make a claim against them in exchange for a sum of money. You HAVE to receive independent legal advice for this to be valid and the firm would normally pay for this.

Neither of these should affect your right to claim JSA once you leave. If you are still too ill to work you would claim ESA.

If the firm pressure you into resigning without a formal compromise agreement in place then they are leaving themselves open to the possibility of further claims.

You need to get some individual advice. I suggest you phone ACAS on Monday morning. Are you a member of a union? If so they should be able to help. Also check you house insurance as this may provide legal cover.

dustinjames

good thread.

about compromise agreement, can the employee ask for the employer to consider this?
Im in a similar situation. On SSP, cant see my self going back for health reasons.
And dealing with employer is becoming tiresome.

Common opinion is, if you resign, no benefits for a few months.
If get sacked, qualify for benefits.

So compromise agreement, is a termination? or resignation? or diff things to diff groups?
eg what would reference say? that he/she left? or got sacked? would reference say of sickness record?

Ideally I would want reference to say nothing negative about me or my sickness record.
is this a reasonable request?

Can an employee ask for a redundancy package when asking for compromise agreement?