sickness resignation

lorryw

I have been off sick from my job for almost a year. Both my work related sickness benefit and SSP have ended and I now get my state pension.
I worked as a cleaner in a hotel
I was approached by my employer to see an OT (2nd time) and I instead suggested that I resign from work.(I had seen the emails relating to my previous OT assessment between my boss and HR and they were rude and personal and I have no wish to go through that again). I asked if they could let me know what my severance package would be. However this was refused unless I attended a face to face meet they would not negotiate by letter or email.
I have now been invited to attend an Ill health capability meeting. I have no desire to attend this and just want to leave. Should I just forward my resignation or doI have to go through this charade

Comms69

You can resign; I’m not sure why you expect a severance package.

jobbingmusician

Have you considered how a resignation, as opposed to a dismissal on the grounds of capacity related to your health, might affect any benefits you might be planning to claim?


(Sorry I don't have the answers to this, I just wanted to be sure that you have considered all your options.)

TELLIT01

Am I right in thinking that a company can't force an employee to retire at state pension age if the individual is still capable of doing the job? That may be part of the OPs thinking in referring to a severance package.
If I am correct in my original thinking, it's unlikely that the OP would have any entitlement beyond standard notice pay plus any outstanding holiday pay, due to their long term sickness.

sangie595

TELLIT01 wrote: »

Am I right in thinking that a company can't force an employee to retire at state pension age if the individual is still capable of doing the job? That may be part of the OPs thinking in referring to a severance package.
If I am correct in my original thinking, it's unlikely that the OP would have any entitlement beyond standard notice pay plus any outstanding holiday pay, due to their long term sickness.

That is correct, although obviously the OP isn't fit to do the job, so dismissal would be likely. If the OP refuses to engage with the employer, then their employers best option would be to treat refusal as gross misconduct, saving themselves possible notice pay. The dismissal would be refusing a reasonable instruction, not capability. OP you would be best going to the capability meeting. Get it over and done with and then you can move on. Or you can resign, but there's no reason to give you a severance package that you have explained, so just write the letter and send it. If you resign you won't be entitled to any notice pay (if they dismiss on capability you may be).