Hi all need some advice.

Trevstanx

Ok where to start.

My partner went on sick leave due to stress, bullying and caring for me ( I was dxed with Parkinson's) she has been on sick leave for approx a year and a half... She has been on the books for over 3 years.

She got SSP for the first 6 months then she claimed carers allowance/income support for me due to me getting PIP and are still claiming it now.

She has had a few sick reviews in the year and a half she has been off sick and has kept putting fit notes in.

Anway the deal is she has been called into the office inabout a weeks time... I'll be honest with you she has had no intention of going back due to caring for me and to add the boot in when I said she was getting bullied it was from a supervisor/senior and and she just found out that person has been promoted to assistant manager! Hell knows how! And she may be in the meeting which wouldn't be good for her stress.

What's her best play?

If she resigns will it affect our benefits?
Would she have to give notice?
Will she be due to any holiday pay even when she was off sick? (I have read that holidays still build up even whilst sick on these forums)

Or is she better off getting let go due to medical grounds? Since she has been on the books for over 3 years?

Thanks for any advice.

nicechap

Firstly, I'd be honest and tell them I'm not returning rather than stringing things out about how to return to work.

I'd also say thank you to them as they've been such an incredible and understanding employer.

I'd also wish colleague every success in their new role as senior management have faith in them.

Hopefully your partner will get a satisfactory reference.

BorisThomson

If she has no intention of going back, why has she not resigned?

People with genuine mental health conditions have such difficulty in getting employers to give them a chance, in no small part because of situations such as this.

Your wife should resign. She'll receive annual leave for the period she has been absent. Her resignation won't affect your bennies.

sangie595

How did you know that they aren't calling her in to tell her that she's under investigation? They might well be wondering how she can manage to do a whole range of things like act as a full time carer, but not return to work.

What was the outcome of her grievance about the bullying?

Frankly, given that she had less than two years employment, it's astonishing they hadn't already sacked her. Must be quite a good employer...

Gavin83

I'm also somewhat surprised they haven't already terminated her employment and agree with some of the others, they must be a pretty good employer. Saying this I'd imagine they'll be calling her in to fire her so they decision will likely be somewhat removed from her hands.

To answer your question it won't affect your benefits (as it's not employment related) and she won't need to work her notice. She won't be paid for it however.

sangie595

Gavin83 wrote: »

I'm also somewhat surprised they haven't already terminated her employment and agree with some of the others, they must be a pretty good employer. Saying this I'd imagine they'll be calling her in to fire her so they decision will likely be somewhat removed from her hands.

To answer your question it won't affect your benefits (as it's not employment related) and she won't need to work her notice. She won't be paid for it however.[/.

Hmmm. That wouldn't be accurate. But the OP already knows that since they asked almost exactly the same question a year ago. So I am wondering what they think has changed since then to need to ask the same question again.

Gavin83

sangie595 wrote: »

Hmmm. That wouldn't be accurate. But the OP already knows that since they asked almost exactly the same question a year ago. So I am wondering what they think has changed since then to need to ask the same question again.

I would have assumed that since she's signed off sick she won't be required to work her notice (as she'll be too sick to) and whatever sick pay she's receiving will continue into the notice period, which is currently zero. Is this not the case?

Trevstanx

https://forums.moneysavingexpert.com/discussion/5584761

Yep I won't hide the fact that I asked for advice nearly a year go and as you can see the majority in that thread said don't resign so we took their advice.

And at the time she was considering going back to the company but as my health has deterioated somewhat in the last few months and her finding out in the last month that one of the reasons for her leaving has gotten worse means even if she wanted to go back today her job is currently unattainable.

I am not gonna lie I was also surprised they didn't lay her off before the 2 years but they didn't and I also agree the company has been very understanding.

And as someone said in a previous posting maybes that's what the meeting is about letting her go.

As answered by someone we won't be any worse off her resigning, and if she didn't get any holiday pay I don't think she'd be particularly bothered but it would be a nice bonus.

I am guessing she could resign with immediate effect since her current notes take her till February?

Thanks

nicechap

I'm just being nosy - in your previous thread you mentioned she'd claimed 6 months statutory sick pay.

In my limited experience companies tend to start with full pay, move to half pay and then people are left to claim SSP.

Would you mind clarifying what pay she has had whilst off sick? - in particular the last 12 months? Or was it a career break?

sangie595

Gavin83 wrote: »

I would have assumed that since she's signed off sick she won't be required to work her notice (as she'll be too sick to) and whatever sick pay she's receiving will continue into the notice period, which is currently zero. Is this not the case?

No it isn't. If the employer terminates, under certain conditions full pay must be paid for the notice period whether or not she attends work during that time.

sangie595

Trevstanx wrote: »

https://forums.moneysavingexpert.com/discussion/5584761

Yep I won't hide the fact that I asked for advice nearly a year go and as you can see the majority in that thread said don't resign so we took their advice.

And at the time she was considering going back to the company but as my health has deterioated somewhat in the last few months and her finding out in the last month that one of the reasons for her leaving has gotten worse means even if she wanted to go back today her job is currently unattainable.

I am not gonna lie I was also surprised they didn't lay her off before the 2 years but they didn't and I also agree the company has been very understanding.

And as someone said in a previous posting maybes that's what the meeting is about letting her go.

As answered by someone we won't be any worse off her resigning, and if she didn't get any holiday pay I don't think she'd be particularly bothered but it would be a nice bonus.

I am guessing she could resign with immediate effect since her current notes take her till February?

Thanks

Assuming nothing has changed, then neither does the advice. She should not resign. You very well may be worse off if she does. It depends what her notice period is. Do you know?

Almost certainly there would be some entitlement to holiday pay if she hasn't taken it already.

But that does all assume that this is what the meeting is about.

You didn't answer my question about the outcome of her grievance about the alleged bullying.