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Given up, taken vol severance

Been off work with work related stress for a long time. Employers have said either take vol severance or we'll start capability procedures against me, so I've taken the former. No fight left in me. I was getting ESA but they've taken me off this as I couldn't get to the assessment. Will I be able to get jsa? What should I say to any prospective employers re my medical history?

Comments

  • Daedalus
    Daedalus Posts: 4,253 Forumite
    nac wrote: »
    Been off work with work related stress for a long time. Employers have said either take vol severance or we'll start capability procedures against me, so I've taken the former. No fight left in me. I was getting ESA but they've taken me off this as I couldn't get to the assessment. Will I be able to get jsa? What should I say to any prospective employers re my medical history?

    If you are able to look for work and do so you are entitled to JSA.

    Is there a gap in your history? If you were on sick then employees sometime count that as still working for them, so your leave date will be up to now, so no gap to explain. You need to explain why you left. You need see if your previous employer will state you were on sick.
  • Uncertain
    Uncertain Posts: 3,901 Forumite
    You will get a better answer to the benefits questions on the benefits board.

    I assume you got some kind of pay off? If so, did you sign a compromise agreement with your former employer? If so, for it to be valid, you must have received legal advice. Normally they include an agreed reference and also an agreed reason for leaving.

    If you did not sign such an agreement it would be worth getting some legal advice as you may have a claim for unfair dismissal.
  • nac
    nac Posts: 52 Forumite
    Uncertain wrote: »
    You will get a better answer to the benefits questions on the benefits board.

    I assume you got some kind of pay off? If so, did you sign a compromise agreement with your former employer? If so, for it to be valid, you must have received legal advice. Normally they include an agreed reference and also an agreed reason for leaving.

    If you did not sign such an agreement it would be worth getting some legal advice as you may have a claim for unfair dismissal.

    Yes, got a pittance :mad:
    Signed c.a witnessed by lawyer. No agreed ref or reason for leaving tho
  • Uncertain
    Uncertain Posts: 3,901 Forumite
    edited 13 November 2012 at 5:14PM
    nac wrote: »
    Yes, got a pittance :mad:
    Signed c.a witnessed by lawyer. No agreed ref or reason for leaving tho


    OK, well that is a done deal I'm afraid.

    It all comes down to the strength (or otherwise) of your negotiating position. Normally a reference is easily obtainable as part of the deal as it costs the employer nothing. Did you ask?

    Assuming they could have dismissed fairly (in law) on capability grounds then you would only have got whatever notice your were entitled to plus any untaken holiday so anything over this was a bonus - although it may not seem like that.
  • nac
    nac Posts: 52 Forumite
    Uncertain wrote: »
    OK, well that is a done deal I'm afraid.

    It all comes down to the strength (or otherwise) of your negotiating position. Normally a reference is easily obtainable as part of the deal as it costs the employer nothing. Did you ask?

    Assuming they could have dismissed fairly (in law) on capability grounds then you would only have got whatever notice your were entitled to plus any untaken holiday so anything over this was a bonus - although it may not seem like that.

    Hi, yes discussed reference. They just said it would be the standard ref they would give all employees
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