May be being dismissed from work.

stephg20

Hi everyone,

I'm a 26 year old single mother and I have been working for the last 4 and a half years.

I went off sick due to stress in Feb 2017 because of family problems and it quickly developed into depression and anxiety which I am currently taking 100mg sertraline and zopiclone 3.75mg if and when I need it.

I returned to work late May 2017 and after a phased return I then went off again at the end of June and I have been off ever since. I tried to return to work last Saturday but at my return to work both me and my manager agreed that I wasn't fit to return and he advised me to try and look for another job which I have been doing.

I have just had a phone call from him to say they are referring me back to occupational health (I have been there twice previously) and after they receive their report I will be invited to a formal welfare meeting with a member of the HR team. My manager has advised I get someone from the union to represent me and I rang then yesterday and am awaiting a call back from the branch manager to discuss this with me.

However my manager has said they will be looking at my capability to do the job and it may result in me being dismissed. I don't know what to do now and I'm really worried. I know there's been people there who have been off a lot longer than I have with stress and I have done all that I can to try and get back to work and I don't know what else I can do. As of the 21st July I have been off half pay so obviously I want to return to work because financially things aren't good at the moment.

Is there anything I can do? Am I better off handing in my notice so at least I don't have to tell a future employer I was dismissed?? Any advice would be much appreciated.

moneyonmymindsam

Hi Steph,


Before you rush to hand in your notice I would 100% get some proper and independent advice from the union and maybe ACAS or citizens advice.


Then after you have done the above I wonder if it is worth discussing a settlement package with your employer IF you are then are intent on leaving.


Thinking of you and wishing you well BUT don't be cajoled into giving your notice just yet.


There is someone who I think is really fab on the MSE boards here called Sangie (I think) and the advise given is always honest, independent and fair so maybe hold of and see if they come along to answer.


Sam x

Geoff1963

Am I better off handing in my notice so at least I don't have to tell a future employer I was dismissed??

I think definitely not ; any kind of benefit gets delayed if you are voluntarily unemployed.

Presuming you find a job that suits you, it is likely to be very different ; so being sacked for being not good enough at doing something else, won't matter. For instance, if you were a steel erector who developed a fear of heights ; it wouldn't affect your new job as a gardener.

stephg20

moneyonmymindsam wrote: »

Hi Steph,


Before you rush to hand in your notice I would 100% get some proper and independent advice from the union and maybe ACAS or citizens advice.


Then after you have done the above I wonder if it is worth discussing a settlement package with your employer I you are intent on leaving.


Thinking of you and wishing you well don't be cajoled into giving your notice just yet.


There is someone who is fab on the boards here called Sangie (I think) and the advise given is always honest, independent and fair.


Sam x

Hi Sam,

Thanks for this, I don't want to leave my job but I feel like I'm being scared into just lying down and handing in my notice to avoid a dismissal. I am going to ring the Union back tomorrow and see if I can speak to someone straight away and I'm thinking about ringing ACAS too.

Would I be entitled to any settlement with me only working there for 4 years?

I will look out for them. Thanks a lot

stephg20

Geoff1963 wrote: »

I think definitely not ; any kind of benefit gets delayed if you are voluntarily unemployed.

Presuming you find a job that suits you, it is likely to be very different ; so being sacked for being not good enough at doing something else, won't matter. For instance, if you were a steel erector who developed a fear of heights ; it wouldn't affect your new job as a gardener.

Thanks Geoff,

I didn't even think about the benefits side of it but yeah I think with JSA they don't pay you if you left a job. Good to know that it won't affect a future job too much though, thanks.

sangie595

stephg20 wrote: »

Hi Sam,

Thanks for this, I don't want to leave my job but I feel like I'm being scared into just lying down and handing in my notice to avoid a dismissal. I am going to ring the Union back tomorrow and see if I can speak to someone straight away and I'm thinking about ringing ACAS too.

Would I be entitled to any settlement with me only working there for 4 years?

I will look out for them. Thanks a lot

Lets be clear - the union is your best advisor because they will do this sort of thing all the time. But no, there is no settlement to be had - the employer is not doing anything wrong. It's very unfortunate that you aren't capable of returning to work, but in the end the employer must begin processes to dismiss you if you are not going to be able to do so. These processes take some time to complete, and that is why they are talking to you now. In many ways, you are fortunate - most employers would have started them long before now.

This will result in your dismissal if you are unable to return to work, yes. But it is nothing to be scared about. You just need to package this up into the box marked "what will be. will be" and then concentrate on getting better. Don't resign, just sit and wait it out.

A dismissal on these grounds isn't that big a deal. You get yourself better, then you start looking for a job, and you explain the truth - you were sick, now you are 100% and ready and raring to go in a new job. You aren't even remotely the first person it has happened to, so most employers are sanguine about things if you are now fit. Those that aren't, you don't want to work for.

So let the union do the heavy lifting, co-operate with the process (but do not resign), and try not to worry about it. Your job is getting yourself into a better place mentally. Nothing else.

ohreally

As your trade union will be picking the case up, please don't get advice from else places or you may find your union withdraws services.

robatwork

Can I just say that with your job description and name it will be quite easy to identify you from this post and given the sensitivity that isn't a great thing.

Perhaps you can change your ID to remove your name - somebody on another forum did it during a thread and it changed all their posts.

anamenottaken

Nobody has quoted your original post in full so you are able to go back to edit out the name of your employer. Please do that.

stephg20

I think it is my job that is causing most of the stress but then if I leave or get dismissed and can't find another suitable I'll have money issues which I think will make me feel worse. I really don't know what to do anymore. I'm not in the best financial situation ATM. If I had some savings it'd be a different story but I don't.

t0rt0ise

With regards to JSA, the same rules apply whether you are sacked or resign. They will look at the circumstances and if there are good reasons, there is no sanction.