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

SarEl

Uncertain wrote: »

In any case you may find that some job application forms will ask how many days you have had off sick.
.

From October, the new provisions of the Equality Act make such a generic question on an application form unlawful. Which doesn't mean they can't ask questions about sickness, but they must do so in very specific ways, and many sensible employers are already chaging their application processes to address this.

dustinjames

If someones employment contract is terminated due to capability, does that mean that person will find it almost impossible to get employed again?

the choice seems to be
1) resign (and with good reference in tact)
2) be dismissed on ground of capability

what to do?

SarEl

dustinjames wrote: »

If someones employment contract is terminated due to capability, does that mean that person will find it almost impossible to get employed again?

the choice seems to be
1) resign (and with good reference in tact)
2) be dismissed on ground of capability

what to do?

What capability grounds? If it is sickness then the employer would answer questions about yor sickness record in a reference usually. If it is something else - well that depends. I would generally say that there is no benefit to resigning and a lot of disbenefits - but without any idea of the circumstances it would be foolish to make assumptions.

dustinjames

for reason of capability, eg can not do the job anymore as on long term illness leave.

So yes the reference is a bit undesireable already with sickness record, but i hear the dismissal on capability grounds is a bad thing to have on your record, future employment wise.

But say if employment is terminated on capability, and benefits people speak to employer and decide to sanction anyway..?

If the person resigns, the reference is ok, and benefits cant be claimed for 6 months?
housing benefit and CTB is ok, as its based on income.

SarEl

If you have been off work for a long time and if you cannot return / there is no other suitable employment, then let the employer terminate. Then you are sure that benefits will not be affected. Terminatiin by the employer after a prolonged period of sickness is no worse on a reference than the prolonged period of sickness. If you were able to return to work in the future, then you would need to assure yourself that you can do so without any damage to your health - and if you can do that, either way, you would probably have to reassure an employer on the same basis.