Possible Dismissal due to Ill Health

ad1jnl

Hi,

Getting rather stressed about this but here goes. In have been in the Long Term Illness process at work since last Sept 11 - for depression which I made work aware of due to absences. Went to Occ Health for a number of sessions in the meantime and then started having LTI meetings July last year - Have had a number since with other absences - some depression and others not.

Yesterday I was told they were looking for dismissal on ill health grounds as there was no improvement in attendance. There have been absences. However, in the case of 4 of these days I was actually working from home as we have remote access to the IS systems. They are referring me to Occ Health again for an update on my medical situation - if there are any adjustments that can be made etc. Then a further consultation to see what will happen. Talked to my line manager after yesterdays meeting and he said "if I was you I would do whatever you can to keep the job" At the minute I'm not trusting working but do hope that I can come to some agreement without being dismissed.

However, as I want to be prepared for all eventualities

What notice period is given when contract terminated due to ill health? I recently was put on to a higher grade with a three month notice period (1st December) - however I beleive that the contract before was notice of only 1 month. Does this get pro-rata'd or just done on the current contract?

Do I qualify for benefits should the worst happen? Obviously will be trying to look for another job in the meantime but with the depression and absence record may not be easy.

Any advice would be great - this is getting me down a bit

Uncertain

ad1jnl wrote: »

What notice period is given when contract terminated due to ill health? I recently was put on to a higher grade with a three month notice period (1st December) - however I beleive that the contract before was notice of only 1 month. Does this get pro-rata'd or just done on the current contract?

Do I qualify for benefits should the worst happen? Obviously will be trying to look for another job in the meantime but with the depression and absence record may not be easy.

It would be your current (3 month) notice period. The would also have to pay you all accrued holidays (which continue to accrue right up to the last day of the notice period).

You would be entitled to claim ESA although after three months this is subject to "passing" their medical.

ad1jnl

Just had a look at the notes on last meeting. They are mentioning dismissal due to capability but is this the same as dismissal due to sickness? From what I have can gather the written contractual notice period stands whatever - apart from gross misconduct

Uncertain

ad1jnl wrote: »

Just had a look at the notes on last meeting. They are mentioning dismissal due to capability but is this the same as dismissal due to sickness? From what I have can gather the written contractual notice period stands whatever - apart from gross misconduct

Yes, it is the same.

They are pretty much obliged to mention it as a possibility and yes the notice period would apply.

With a long tern absence they may very well be able to dismiss fairly (in law).

Depending on the circumstances, the OH report and the company's unwritten "policies" they may also consider a compromise agreement. That would give you some extra money and, usually, an agreed reference in exchange for signing away pretty much all right to make any claim against them. You have to receive legal advice for such an agreement to be valid.

theoretica

I suggest that you try to get occupational health to write down that working from home occasionally is a reasonably adjustment - how bad is your sick record without those days?

ad1jnl

The sick record is not too bad without these days. Only problem is that on a previous LTSC meeting I'd agreed to stop the working from home apart from the odd exception. I have in mind a number of trigger points that set of the last two days of sickness/bad depression - plus an idea of what could help. I'm hoping that if a few of these are ok and I get an ok report from Occ Health - it should be ok.

I have had payday loan and debt problems for most of the past two years and have just sorted a debt management plan out - it'll not be good for that if I lose the job. That has definetly contributed to the depression and sorting the DMP out has made me feel better. There are things work wise which aren't helping though. However I have not mentioned the debt issue (I'm an accountant - lol!) in the long term sick meetings - I have mentioned it to my manager.

keithrgj

does your employer have trade union representation

if so their will probably be a separate provision with the employer on ill health retirement for an increased payout

BobQ

You are clearly under a lot of stress. Only you know if this due to your job or due to personal reasons. Either way its affecting your job. I
can understand working at home if there is snow, your car is being serviced or in a short term crisis, but you seem to be prepared to work when you are sick and at other times so maybe they are right to be concerned about how they exercise a duty of care to you.

As others have said anyone with a long term sickness record can be dismissed on grounds of incapacity to do the work and it seems that this is the way your situiation is moving. Without knowing more of your firm (and I do not think you should post more information) they may be sympathetic to a compromise agreement (which would solve their problem but mean they did not have to dismiss you). But even for longstanding employees many firms are less willing to do this when legally they do not have to do so.

As the problem relates to stress, I am rather puzzled why you accepted the promotion? I assume that promotion involved more responsibility and more stress? It may have helped with your debt problems but this is not much help if you lose your job.

Would it be feasible to revert to your previous job, have less stress and keep your job? I hesitate to suggest this as it may affect other consequences (reverting to lower pay when you have debts, may affect pension, will affect redundancy pay entitlement, shorter notice period) and you may not keep your job. But it may be worth considering if it means you feel less stressed and can keep your job?

zzzLazyDaisy

ad1jnl wrote: »

I recently was put on to a higher grade with a three month notice period (1st December)

I understand that all this is stressful, but try not to get ahead of yourself.

Your employer promoted you just a few weeks ago. They knew your absence history then, and wouldn't have put you on a higher grade if they were considering dismissing you, at that point.

Has your number of absences increased since you took the new position? Are you finding the work too stressful or pressurised? You say that you used to work from home but don't now, is this because home working is not as workable in the new post? If any of these things are true, would it be worth considering asking to be returned to your old job as a 'reasonable adjustment' on the grounds that the new job is affecting your health? Is this even possible (ie does the old job still exist)?

As far as telling you that dismissal is being considered is concerned - many companies have absence policies which automatically trigger meetings when a certain level of absences have been reached. There comes a point when the automatic trigger could potentially result in your dismissal, and if that point has been reached, they are obliged to inform you of this. It does not mean that you will necessarily lose your job, or that they have decided to dismiss you. What it means is that you need to be making sensible suggestions, and cooperating with any workable suggestions that the OHA might make, as to how you and your employer can work together to reduce your level of absences.

Is it possible that this is what your manager meant when he advised you to do what you can to keep your job?

BobQ

theoretica wrote: »

I suggest that you try to get occupational health to write down that working from home occasionally is a reasonably adjustment - how bad is your sick record without those days?

Having seen your post I am not sure if I interpreted OP's statement correctly. Was he working at home while sick or was he just working at home and recorded as being absent?

If he notified the employer he was sick but continued to work then this may not be a reasonable adjustment because its just making things worse.

If he was working at home but did not inform anyone he was not sick but absent which has other issues.

miduck

keithrgj wrote: »

does your employer have trade union representation

if so their will probably be a separate provision with the employer on ill health retirement for an increased payout

It is normally the employees that have trade union representation, not the employer.

The employer is looking to dismiss, not to offer the OP retirement.