Do I Resign or wait to be sacked?

mummyofonechild

To keep it short, I have just been placed in the ESA support group. I have been of work for 18 months with Back Problems which will not get better and will deteriorate further over time.

As there is no prospect of me returning to work, do I resign or wait for my employers to sack me on medical grounds.

I appreciate your answers and thanks in advance for taking the time to read this.

pauliboo

Could you ask for medical retirement?

I'm surprised they haven't started the Medical Capability process yet. Perhaps you could ask them as there may be some Reasonable Adjustments that can help you get back to work.

Back problems doesn't necessarily mean you can't work, try Access to Work who may be able to help with any aids.

mummyofonechild

Thanks for the advice. I can't walk without being in severe pain.

I havent heard anything from my employer for over a year.

I have also worked for the last 18 years with this until it got to the stage it is now, so I am not work shy.

rogerblack

Are you still being paid by your employer?

Savvy_Sue

All the time you're on your employer's books as an employee, you're building an entitlement to paid leave. So if they haven't sent you a P45, wait for them to sack you and then ask for your accrued leave to be paid with your final salary.

this applies even if they are NOT paying you anything. What was their last communication with you?

mummyofonechild

Thanks for your responses.

The last communication was a year ago from their head office wanting an update as to my health. They don't pay sick pay so I have received SSP then ESA after that. I haven't been sent a P45.

jondoc

I`ve been in exactly the same scenario as you are now. I followed very good advice from these forums; and everything went very smoothly.

Be patient. You have enough problems already and your employer will have to follow Government guideline to the letter. They know the guidelines. You, as I; probably don`t. It`s easy to make a mistake and mess up your eligibility to certain benefits

Good luck, John

pauliboo

Sorry I wasn't implying that you were work shy.

robpw2

pauliboo wrote: »

Back problems doesn't necessarily mean you can't work, try Access to Work who may be able to help with any aids.

could you tell that to some employers... im fed up with the excuses they come up with i just want a job ...not that i get esa because they found me fit to work lost my appeal and shafted me over and as my partner earns slighlty over the limit i cant get income based either

Brassedoff

Savvy_Sue wrote: »

All the time you're on your employer's books as an employee, you're building an entitlement to paid leave. So if they haven't sent you a P45, wait for them to sack you and then ask for your accrued leave to be paid with your final salary.

this applies even if they are NOT paying you anything. What was their last communication with you?

Yes the amount he has earned mutiplied by 5.6, so in the OP's case £0

Brassedoff

pauliboo wrote: »

Could you ask for medical retirement?

I'm surprised they haven't started the Medical Capability process yet. Perhaps you could ask them as there may be some Reasonable Adjustments that can help you get back to work.

Back problems doesn't necessarily mean you can't work, try Access to Work who may be able to help with any aids.

I am surprised by that too. Especially as the chance to get someone who has been off for such a long time would normally be irresistible.