Could someone please offer me any advice?

hoyles10

I'm not sure if I have posted this in the right place so I apologise in advance if it's wrong.

I have been off work sick since May 08 as I fell extremely ill and ended up hospitalised until September 08 and i'm still under the specialist team at the hospital and i'm signed off sick until February next year. Work have written to my doctor who has written back to say that he doesn't recommend me returning to work in the near future and work would be unable to make the necessary changes for me to be able to return to work as i'm now registered disabled due to the treatment and the illness.

I have spoken to work today after receiving a letter from them and i've arranged a meeting with them for tomorrow. I'm still on very good terms with work and i'm friends with a lot of people there, the lady in HR I spoke to today told me that the meeting was to discuss the doctors report and try and come to agreement to terminate my contract but said that when i'm fit to return to work I will be able to contact them and they will re-employ me if there is a position open at that time (I know this isn't something they have to stick to).

I want to go into the meeting tomorrow as prepared as I can be and was wondering if they can just terminate my contract or if they would have to offer me some sort of payment as a result of them doing this?

Money is very tight at the moment as it is as my wife had to give up work to become my full time carer and my SSP stopped last December so it would be very welcome if I would be entitled to payment.

Is there anyone who could advise me where I stand on this please.

Emmzi

you *may* get an 'ill health retiral' with a lump sum payment. also pay in lieu of notice. but it will depend on your comapny policy. more likely with a big company.

hoyles10

The company is owned by DRL which is a fairly big company if that's any use. It was owned by Iceland but has been bought out whilst i've been off sick.

I forgot to add that me being off sick is nothing to do with work if that makes any difference.

Emmzi

no, only if you are fit to work, and if you are going to get better soon, matters here

I would check your notice period, as you should be paid that

if you are close to retirement age there may be a way to put you straight to pension; if not a lump sum may be possible to tide you over until you recover

have you looked into benefits yet?

hoyles10

I'm only 29 so retirement isn't an option as nice as it would be

My Macmillan nurse has been sorting out our benefits up to now and I think we're getting everything we should, plus we've had regular contact with the DWP and job centre keeping them informed of what is happening.

terra_ferma

I'm not an expert in this area. As you won't have much time to find out all the information you need by tomorrow, my advice is:

Don't feel that you have to make a decision or give them an answer there an then tomorrow.
Listen to what they have to say, write good notes (and request confirmation in writing, which if they know what they are doing they will do anyway).
Make an appointment with a CAB employment specialist as soon as you can, either a meeting or over the phone.

If you want to delay the dismissal, you could try and make a request for certain adjustments, or an alternative role. Even if you know they can't accommodate you that will give you time to get more information.
(I don't normally recommend 'devious' practices, but your case is very genuine).

Good luck!

jazzyman01

If the Company terminate your employment because they cannot find suitable alternative employment, they will give you the right of appeal.

In addition to your notice payment - minimum of 1 weeks pay per completed year of service to a maximum of 12 weeks - you should also get your holiday pay.

Hope that you get well soon.

hoyles10

Thanks for your help everyone. Off to work soon to find out what's happening, hopefully it will be simple enough but I may pick your brains again

hoyles10

Well i'm back again and it seemed to go well. They are paying me holidays and 1 week pay for every year i've been there. They were very good and told me that as long as the company is under the same management as soon as i'm fit and able enough to go back to work if I give them a call.

Next step is to try and find out where I stand with our benefit payments when i'm paid this money and how I go about letting them know.

Thanks everyone for your advice

Willsnarf1983

sounds like a good deal for both parties IMO

hope things go well for you

Will