help needed urgent

jack_bauer19

hi im not sure if i i am in theright section
but basically i have been on and off work with mental health
stress depression anxiety etc
currently on medication and started counciling.

i have been employed with the same company for 9 years now
i am currently off work have been for a month or so now
they want me to come in work for a meeting which i know is company policy
but i no they are gona off me a settlement fee to leave i am due back to work in 2 weeks as no sik pay left
im not ready to retrurn far from it but the reality is i have no choice financially.

if they offer me to leave with settlement what should i expect my salary per year is 18612
also is this classed as reduancy
is it taxable.

also if i say no its nowere near enough to see me through financially and ii tell them im not fit enough for work but i have to to financially
can they sack me
sorry for questions just mind all over place

Paul_DNAP

No, it won't ever be classed as a redundancy.


They may be asking you to agree to leave, which will be something like an agreed end of contract. Them dismissing you for being ill is possible, but tricky, they need to exhaust all options of making reasonable adjustments to help you back to work.


But, I must say, if you've only been off for a month then it's a bit early to be concluding that they want you gone, it could be a standard routine "is there anything we can do to help you get back to work" meeting.

MEM62

jack_bauer19 wrote: »

hi im not sure if i i am in theright section
but basically i have been on and off work with mental health
stress depression anxiety etc
currently on medication and started counciling.
I am sorry to hear of your struggles. Hopefully, you are getting the support that you need.

i have been employed with the same company for 9 years now
i am currently off work have been for a month or so now
they want me to come in work for a meeting which i know is company policy
but i no they are gona off me a settlement fee to leave i am due back to work in 2 weeks as no sik pay left im not ready to retrurn far from it but the reality is i have no choice financially.
Your health is basis on which you make the decision to return to work or not - not the contractual limit of your sick pay. Go to the meeting and see what is said as you cannot presume. It is not a process to be feared. It is for your employer and you to discuss the issues at hand. It may well be part of the process under which your employer discharges their 'duty of care' to you.

if they offer me to leave with settlement what should i expect my salary per year is 18612
also is this classed as reduancy
is it taxable.
If they make an offer, and that is only an assumption on your part at the moment, you can consider it. If they are offering a compromise agreement they should, as part of the agreement, also offer to pay for you to take legal advice. A compromise agreement is not redundancy.

also if i say no its nowere near enough to see me through financially and ii tell them im not fit enough for work but i have to to financially
can they sack me
The offer is not calculated based on what your financial needs are. It is supposed to be calculated on the basis of what is fair but many companies would set the amount a little above what would be offered in redundancy. You have the right to negotiate and/or refuse a settlement agreement.

They cannot sack you for refusing. However, based on the information in your post, you could expect them to go down the route of dismissal on medical grounds (or maybe capability) if they can make a case.
sorry for questions just mind all over place

I hope you manage to get yourself into a better place in life soon.

jack_bauer19

hi thank you for your replys

last year i was of 3month same thing i came
back to work
basiclly manager sed to me the may be oppunity leave with some money
and i know others have left in last 6 month and been paid off.
but surley they cant just sack me for being ioff with depression legally

jack_bauer19

they want me come
to work but want me 100% and forcused which i am not at the minute
doing everything i can to get bk to good health on anti depressants started councilng
a just do not want to come back to work like i am and do a big mistake cos my head is not in the right place
i have a very stressfull life at home with kids who are both two year old and the oldest who going through autism so very very tough
hardly sleep like
i i have huge morgage and debts and cannot afford to leave
crazy because nearly 10 years i have been at my work

jack_bauer19

hi does anybody who i can ring about this subject
a tried citizen advice they cudnt help

Guerillatoker

ACAS is who I have spoken to before; they're definitely more employment focused than CAB.

http://www.acas.org.uk/