Sickness from work

JaneEyre

Hi there,

I've been with my current employer for three years, but have been off sick due to a chronic illness since October and my SSP has now run out. My employer requested a report from my specialist, who advised against returning to work full time, and advised returning part time, with restricted duties.

I am keen to return to work, but my employer has stated that they cannot make provisions for me to return part time and it might not be possible to restrict my duties. I honestly don't think I could cope with full time in that job. (It involves shift work and heavy lifting/cleaning).

I've been applying for jobs which would be more suitable and I'm awaiting a response from a second interview at present.

I'm not sure what to do in the meantime. Should I just sit tight until they terminate my contract, or should I resign as I know I can't go back? I will then have to claim benefits until I can find a new job.

I've a meeting scheduled with my manager on Friday and the thought of it has been making me ill all day (he's not the most approachable kind of guy). I'm considering emailing to cancel. I have a sick note which covers me until the end of the month.

I'm sorry if this isn't very clear. I just wanted to know where I stand. I'm at my wits end with it and am a bit distressed at the moment.:(

paddedjohn

Sit tight and let them either let you do part time or finish you up. If ssp has ended I think you can apply for esa

JaneEyre

Thanks.That's what I planned to do, but it seems to be dragging out now.:(

I went to a meeting in February and they were very nice and agreed I could go back part time, but then less than two weeks later my manager stated in an email that he'd meant temporarily and that they couldn't accommodate me returning part time permanently. Since they recieved my dr's report I feel like relations have gone sour. The change in tone in email correspondence is very apparent.

Do you know if I MUST attend a meeting while off sick? I have already agreed to go, but as it approaches I'm getting myself in a right state.

JaneEyre

Just thought I would add, the job is a non skilled minimum wage position. I have no pension or anything with them. I feel I would be better cutting my losses and resigning due to the stress involved when they ask to meet with me. I'm just really worried about claiming benefits and not having enough money to pay my bills.

I totally understand their position, I'm useless to them now.

elsien

If it's to put things in place for a return on less hours than you do now, then you have to go while still signed off, surely? Otherwise they're not going to able to put things in place to assist with your return.
If you want to hang on in there till they either offer you hours you can manage or they terminate in capacity grounds, you're going to have to talk to them at some point. Might as well get it over with, or what will you do when the current note runs out?
Just stick to your guns with regard to what you can and can't do. Can you ask to take someone along with you to the meeting?

JaneEyre

elsien wrote: »

If it's to put things in place for a return on less hours than you do now, then you have to go while still signed off, surely? Otherwise they're not going to able to put things in place to assist with your return.
If you want to hang on in there till they either offer you hours you can manage or they terminate in capacity grounds, you're going to have to talk to them at some point. Might as well get it over with, or what will you do when the current note runs out?
Just stick to your guns with regard to what you can and can't do. Can you ask to take someone along with you to the meeting?

They've categorically stated that they won't be reducing my hours or putting me on restricted duties.

I already asked if I could take someone with me and they said yes. I had someone with me last time too. It didn't really make it any easier.

When my current note runs out, my dr will give me another with the same advice.

Emmylou_2

You can (and should) claim ESA while you're still employed, if you're not fit enough for work and your SSP has run out - I am still employed and claimed ESA (although due to other income it was contributory based and therefore ended after a year).

Your employer does not need to offer you reduced hours - it is a recommendation on a fit note, not a mandatory thing that they must follow - and they may say that until you are able to return to your original role then you're not fit for work.

Savvy_Sue

I would say get on with the ESA claim, but that if there is nothing to discuss re reducing your hours, then there is no point going to the meeting. They may then dismiss you, but if they're not paying you anything anyway then that's no great loss.

I'd hang on though, because you continue to accrue entitlement to holiday pay throughout your sick leave. Once you resign, you lose that.

JaneEyre

Thanks for the replies folks.

I attended the meeting this morning. It was awful. There were two managers there and they were very dry with me. They were speaking to me like I was a stranger, rather than someone they'd worked closely with for three years.

The gist of the meeting was that they said that I could do a phased return, but would have to go back to full time within a couple of months and that they cant make any of the recommended changes. They said they can't hold the job open indefinetly for me, which I understand fully. It wasn't a very nice meeting and it left me feeling as though I had done something wrong. I was glad I had someone with me who had been to the first meeting too and could see the major change in attitude from the management. I understand that me being off is causing them problems, but it's something I have no control over and it's fairly obvious, even without the drs note that I'm not taking the mick!

Anyway, I left the meeting and less than 5 minutes later got a call offering me the job I was waiting to hear back from.:T It's 16 hours a week as opposed to 40+ and there's no lifting/stretching involved. I'm so happy!:D

Now, I have to hand in my notice. Should I tell my employer that I have another job, or just state that I feel that I will be unable to return due to my health problems? My new employer will be in touch with them for a reference.

Thanks again for all the replies.

Takeaway_Addict

I wouldn't. Just give the notice, the company you are leaving will be happy you aren't costing them anymore money, time or resources in the near future so are hardly likely to kick a fuss up.

Savvy_Sue

I agree, I think I would tell them you are sorry you won't be able to return to work, however you've been able to find alternative employment on reduced hours which you will be capable of doing.

On one level it's none of their business, but equally you don't want them to write a reference which says you had x time off sick and were completely unreliable.

You do need to make the new employer aware that you left previous job because they couldn't / wouldn't make any changes, but that you are fully confident of being able to do what they need!