Leaving a toxic workplace

Loveworking1999

It may sound cliche, but I am genuinely asking for a friend.  I've gone through similar a while ago, I took a decent redundancy though and got out of a place that I wasn't wanted in anymore.  I've never looked back and am enjoying my new work in a totally different field of work (I'm as good as my own boss now)

I have a friend who's been off work for the last 18 months with work related stress.  This was caused by homophobic bullying in the workplace.  The bullying was covered up, management closed ranks and dismissed it all.  Witnesses were moved to other areas.  It has genuinely, really affected him and his confidence.  Its actually sad to see.
Hes slowly getting better, day by day but is worried about resigning as thinks he wont be able to claim a benefit/Universal credit for a period of time, as he will of theoretically made himself redundant.  Is this true?

He's been off sick so long hes actually already getting UC to help with his rent (he rents a small room privately close to where he works), and is worried by leaving of hisd own accord, this may stop?  Any help greatly appreciated

Comms69

Yes if you voluntarily leave your job, you will limit help the state will give. 
Surely he will just find a new job?
And presumably he's getting help for his mental health. 

Loveworking1999

Hello
He is already looking for work, and has been for the last 2 months but obviously given the current climate, there isnt a great deal out there.  He is getting help though his local GP and councelling too

Loveworking1999

anyone else please?

littleredhen

is he currently attending work or working from home?

Loveworking1999

Sorry Littleredhen, he's not attending work or working from home.  He's signed off sick by his local GP who's looked after him the last 18 months or so.
Hes now been told to go back to work by his manager or he will be sacked.  Can they do this if his illness/condition is work related?   And if he is sacked, would being dismissed affect his UC claim?

elsien

It wouldn't be a redundancy situation as the role is still there, he is just not able to do it.
Yes his work can dismiss on capability grounds if he is not able to carry out the role due to his illness. His company should have a long term sickness policy which details how the process would work (although this may depend on the size of the employer.) To be honest, I'm surprised they've waited 18  months to start the process.
If dismissed on capability grounds  he should not receive a benefits sanction. The advice in those circumstances is generally to let the employer dismiss rather than resign. 
What steps have been taken to try to get him back to work - occupational health, a consideration of any reasonable adjustments? 
ETA - the acas guidance is here, but it is only guidance.
https://www.acas.org.uk/capability-procedures
Is he in a union because if so he should really get them on board.