I need some advice from you all please?

lynzpower

hi all

After moozies point made yesterday I feel the need to ask you guys some advice. Many of you will have some idea where Im at and some may not but Ill give you all a potted history of where we are up to to date.

I have an ongoing health need ( a disability under the DDA) that has not been diagnosed as yet. However, they gave me some treatment which effectively made me housebound and weak. I have been off work since May. I chose to havethis treatment stopped and return the pain as this treatment was too diasabling for me and I could barely manage anything and the impact emotionally was just, the worst.

I have been in much better health since the treatment has stopped. I do have some pain, but Its fine, it hasnt really stopped me going out etc for a few months, so way better than before. I am due some surgery in 5 months which may help.

Now, workwise. the occupational health dr recommended redeployment within the org back in May, however, I had to wait for a sickness hearing in August where it was agreed that I would be redeployed and not sacked. I have applied for one job that I got rejected for on the basis that "I should not be working with the general public" HR claim that this is in the OH report- which they refuse to send to me, even to this date. Ive applied for a 2nd job, they are stretching it out so that I go elsewhere - I should hear by Friday this week, applied over 2 weeks ago. I am fit to work adn desperate to work.

Im on nil pay
I have to give a months notice - before I can work anywhere else
My sick note has expired, ( HR said dont bother to get one so I didnt , but I have to get another one as I think they said this to stictch me up )
Acas said that I can get another job while still contracted to my employer by law, but employer says no, acas says sue them for unfair contracts

Financially I am goosed.

Ive 63 in my cahoot savings account
10 in A&L
and 100 in my Ltsb overdraft at 17.9%

Im not entitled to any benefits as OH earns too much. He earns over 18k before tax. He has debt himself and certainly cant support both of us.

I cant go into a DMP, as most of my debt is to my parents, and besides I dont want to undo all the hard work Ive put in over the last few months.

We are aiming to be moving in the next few weeks - flat is sold awaiting exchange at the mo- but we have NO money for upfront rent or deposit to secure a flat

Can someone give me advice please on how to proceed.

anniestar

Lynz, can't offer you any advice(sorry) but just wanted to send you my love and best wishes. You have been an amazing source of advice and support for all of us on this site and just wanted to say thank you. I'm sure that there will be loads of clever folks along to help. Please keep strong you are 100% amazing and we are a lucky bunch to have you. Take care swetie. ((((((((HUGE HUGS)))))))))))))))) A XXXX

immoral_angeluk

It's sounds incredibly off of your company to say you shouldn't be working with the general public?? Surely that's discrimination???

tyllwyd

Have you spoken to a solicitor? If you can find someone who will give you an initial consultation for free, I'd be very tempted to do that and find out if you might have a claim that you could bring in the employment tribunal.

Glitterari

Oooooh big hugs Lynz. Don't know what to suggest.

Any possibility you can get a council house (I know v unlikely) but if you've got no money, unable to work, your OH might have a good wage but if you're still struggling? Might be worth asking at least.

Will you make any money from the move? (can't get on here as often so not able to keep up with everyone!)

C xx

lynzpower

I wouldnt be able to get property from the council as I will have too much money ( from the sale) and we are not priority need.

I

silvercar

sorry to hear things are not going well.

could you ask your solicitor if you can use the deposit from your buyer you will receive on exchange as a deposit for your rental. Bit of a long shot I know as the buyer's solicitor would have to agree.

Otherwise it is going to be a question of taking a loan until the house sale money comes in.

joeblack066

Hi, I'm a newbie but have lurking awhile. Just had to register and reply to this tho. Surely your employer was legally bound to ensure you were in receipt of Statutory Sick Pay? And then when this has been in place for a certain numberof months it would be replaced by Incapacity Benefit? When I was married and working my then husband was in receipt of these in his own right.
"To get SSP you must be:

Aged between 16 or over and under 65 (these age limits will be removed from 1 October 2006).
Sick for at least 4 or more days in a row (including weekends and bank holidays). This is known as a Period of Incapacity for Work.
Earn, before tax and National Insurance an average of £84.00 a week. This is called the Lower Earnings Limit for National Insurance Contributions (NIC). The amount you need to earn is lower than the amount when you have to start paying NIC’s. " DWP

Also DWP;

"What happens if my employer says I do not qualify or my SSP ends?
If you cannot get SSP or your SSP has ended ask your employer for form SSP1, which they should fill in and give to you. You will need to send this form to your local social security office with your claim for Incapacity Benefit.

If you think your employer’s decision to not pay you SSP is wrong, or they did not pay when they should have done, or they paid too little and you cannot sort it out with your employer (they should give the reasons in writing), contact your local HM Revenue & Customs office to decide the matter. "

I would give it a try and if your employers have fallen short of their responsibilities you need to see aq sol, under the DDA. Pronto!!

BTW, became a Grandma at 5.20am today!! Yay!! :beer:

Debs xx

Imelda

Hi Lynz,

I have been following your story and I think it is disgusting how you have been treated by your employer. However, to the matter in hand. When you sell your flat will you be able to pay off all your debts? I know you would probably hate to ask but would your parents be able to help out for the first month's rent and deposit? You could then pay them back from the proceeds of the sale.

But I do think the job thing is most pressing, how can they say that you cannot take on paid employment whilst contracted to them, what do they expect you to live on? Can your GP give you a new certificate so you can claim SSP at least?

Sorry it's not more helpful x

tyllwyd

I had this on my mind - I'm not a lawyer so I may be completely wrong, but I think that your employers have breached your contract of employment by not paying you and not providing you with the opportunity to work and earn money. If you can possibly get them to officially diagnose your illness so that you can come under the protection of the DDA then that would make it even better.

Are you well enough to do any work on a self-employed basis while you wait for your employment to get sorted?

livinginhope

Ooh morning lynz,sorry to hear your situation,I really can't offer any advice to you,I was in a similar position except that I was basically forced to leave my job,now I am unable to work and still can't claim benefits.
I think you have done really well to have stood up to your employers this far,they can be really horrible where illness is concerned.
All I can say is,knowing how good your parents are,tell them the situation and get back on track when the flat is sold.
Hugs Lynz :A
LIH