Question about sick pay and ESA

Toomuchdebt

I've been off sick from work since December 1st. My sick pay runs out on June 13th so what do I do after that?I have just been given another sick note until 20th June and am seeing him again on the 17th and will be getting another sick note as this is ongoing Work will not reduce my hours so I can at least try and work and I know I can't manage to do the hours I have mainly due to pain but also numbness and fatigue and concentration issues. Do I resign from work or will they just fire me? How do I apply for ESA and when do I apply?I've tried googling but my concentration is shot to pieces today and nothing makes sense.

HappyMJ

Toomuchdebt wrote: »

I've been off sick from work since December 1st. My sick pay runs out on June 13th so what do I do after that?I have just been given another sick note until 20th June and am seeing him again on the 17th and will be getting another sick note as this is ongoing Work will not reduce my hours so I can at least try and work and I know I can't manage to do the hours I have mainly due to pain but also numbness and fatigue and concentration issues. Do I resign from work or will they just fire me? How do I apply for ESA and when do I apply?I've tried googling but my concentration is shot to pieces today and nothing makes sense.

You do not resign and they do not fire you.

They will stop paying you SSP after 28 weeks and you can then claim Employment and Support Allowance. You will still be employed.

When you're fit enough to go back to work you inform your employer and they'll make arrangements for a scheduled return to work. If they cannot reduce your hours you will need to wait until you're fit enough to do the hours as required.

They can terminate your contract but that is very rare. They'll keep the contract going as long as possible to avoid being accused of unfair dismissal. It would then be up to you.

If you did resign and then you were fit enough to return to work you wouldn't have a job to go back to. You would not be able to claim job seekers allowance as you left a job without good reason.

Darksparkle

There is no need for you to resign unless you want to. Your employer may dismiss you but that will depend on their sick absence policy.

When your SSP is coming to an end your employer will provide you with an SSP1 so you can apply for ESA.

Toomuchdebt

Thank you-I wasn't aware I would remain employed. I presume ESA can't be claimed in advance? Would I ring them on the day my SSP finishes?
I have had a letter this morning(literally just now) inviting me to come in for a meeting with the manager to "discuss my return to work" and I am allowed to bring an employee with me if I wanted to. I've never been to such a meeting as I've never been off sick for such a long time. I just assumed they'd be demanding I return straight to work or they will be firing me. I don't really want to go, not least because I have no idea how much pain I will be in on that particular day-it's very hit and miss-some days are reasonable, others I struggle to get out of bed and have had to ask my older children to take the younger ones to school and ring the older one's school and apologise that they will be late Not ideal by any means.

Darksparkle

Can't you get them to come to you? That's what my employer does if the person can't come to the office.

HappyMJ

Toomuchdebt wrote: »

Thank you-I wasn't aware I would remain employed. I presume ESA can't be claimed in advance? Would I ring them on the day my SSP finishes?
I have had a letter this morning(literally just now) inviting me to come in for a meeting with the manager to "discuss my return to work" and I am allowed to bring an employee with me if I wanted to. I've never been to such a meeting as I've never been off sick for such a long time. I just assumed they'd be demanding I return straight to work or they will be firing me. I don't really want to go, not least because I have no idea how much pain I will be in on that particular day-it's very hit and miss-some days are reasonable, others I struggle to get out of bed and have had to ask my older children to take the younger ones to school and ring the older one's school and apologise that they will be late Not ideal by any means.

You can start an ESA claim whenever you want. Give them a call Telephone: 0800 055 6688

https://www.gov.uk/employment-support-allowance/how-to-claim

If they fire you they'll be at risk of unfair dismissal. They don't want that. It's not going to cost them much to keep you employed so they'll just continue doing that.

You won't be able to return to work whenever you want. You will need to tell them when you're fit enough to work again and they'll discuss your return to work.

Go to the meeting and tell them that you enjoy the job, really want to get to work but are currently unable to and ask if they can hold the job until you can return to work.

A large employer should be able to accommodate you. A small employer may not and would have a valid reason to replace you with a new member of staff on a permanent basis.

Toomuchdebt

Darksparkle wrote: »

Can't you get them to come to you? That's what my employer does if the person can't come to the office.

I don't think they would. And I'd rather not have the manager coming to my house to be honest. The nicer one is on leave at the moment.

Toomuchdebt

HappyMJ thank you for the advice-nice and clear-just what I needed.

TELLIT01

HappyMJ wrote: »

You can start an ESA claim whenever you want.

Not strictly true, but you are within the time limit for making advanced claims. I just don't want others seeing the response and thinking they can make a claim for ESA many months in advance.

elsien

If your illness could fall into the disability category, you need to ask about reasonable adjustments - they do not have to agree these if there is a solid business case against them, but they should give them proper consideration.
So when you are closer to returning to work, would an occupational health assesssment benefit you to support with this?
What adjustments do you think would help you return when you are well enough? Would you be looking at a phased return, aiming to build up to full time or would you be looking at permanently reduced hours, for example.
Do you need longer breaks, a quieter environment? I'm not saying these are possible or would help (not knowing your situation) it's just to give an idea of what a reasonable adjustment would or could be.

https://www.citizensadvice.org.uk/work/discrimination-at-work/what-are-the-different-types-of-discrimination/duty-to-make-reasonable-adjustments-at-work-what-must-employers-do/

ETA - do they have a company policy on long term sickness absence? If so, ask for a copy.

HappyMJ

TELLIT01 wrote: »

Not strictly true, but you are within the time limit for making advanced claims. I just don't want others seeing the response and thinking they can make a claim for ESA many months in advance.

Sorry yes you are right.

You can claim for ESA months in advance...as opposed to "whenever you want" as I stated.

That number is 3.

As SSP is payable for 28 weeks and the OP has been off sick since December the 1st the advice I offered was for the OP's circumstances.