sick pay finished

winnac01 · 4 December 2017 at 5:30PM

my Sick pay from work runs out this month and I am in the process of claiming ESA, I emailed work telling them that I am unable to return to my job, this was no surprise to them as we have kept in touch throughout I also asked about holiday pay owed etc.

the reply I have got was.

Please, can you confirm if you wish to tend your resignation and if so from what date?

If this is your intention we can then pay across to you as your final payslip all holidays accrued and not taken up to your resignation date.

Now I'm sure this is fine and I am happy to resign as it will mean getting my holiday pay before Christmas, I just want to make sure I'm not tripping myself up by doing so.

Thanks in advance Chris.

bigbulldog · 4 December 2017 at 7:28PM

Do not resign as this WILL effect any employment rights you have with your current employer as well as your dwp benefits

However that is the only advise I can give as there is NOT enough information to advise on anything else.

lewishardwick · 4 December 2017 at 7:37PM

How long is long term?

My employer has sickness cover that means if you are off sick for over 6 months, your employment is terminated and you're given 75% of your annual salary as severance.

Read your contract of employment, or ask for a copy of the original.

winnac01 · 4 December 2017 at 8:12PM

it's hard to say how long before I am able to return to any kind of work, going off my current progress it will probably be at least another year, i will definately NOT be returning to my current job roll as it is now far to physically demanding. i am only receiving SSP on a weekly basis my company does not offer company sick pay.

cheers Chris

winnac01 · 4 December 2017 at 8:15PM

this is what I'm afraid off it affecting my ESA claim.

regards Chris

IAmWales · 4 December 2017 at 8:19PM

Resigning will absolutely not affect your entitlement to ESA.

You could let your employer go through the capability process, but then you'll have a dismissal on your employment record. Also, given that you've acknowledged you cannot return to your role, that process is not going to buy you much time at all.

winnac01 · 4 December 2017 at 8:25PM

I'm definitely not going back to that job and I don't really want to drag it out for them if I was fit enough in the future they would probably take me back anytime.

thanks Chris

Torry_Quine · 4 December 2017 at 8:39PM

My husband's in a similar situation although he's only been ill since July, only 21 weeks. They want to end his contract even though he plans to return once he's well enough. He will be given a relief contract instead.

Chris_M_3 · 6 December 2017 at 11:47AM

Op, I am in a similar position to you. Been signed off sick for 12 months, SSP has run out and I'm currently on contributions ESA. I'm hopeful for a return to work sometime in 2018 but probably not in my current role. I do have provisions in my contract to be retrained in another less phyiscally demanding role.

My employer has been putting pressure on me to take my annual holiday leave but according to ACAS, an employee can carry forward their entitlement for upto 18 months.

http://www.acas.org.uk/index.aspx?articleid=1374

Now, this is all relative and if you need the money now, take it. Personally I currently have 36 days holiday owed and this will increase to 69 days in 2018, as I don't need the money now and would prefer the time off.