Capability dismissal or resign?

Thrugelmir

Meet the company and negotiate your exit in a constructive manner. Your employer isn't being personal about this. They'll want the matter closed so that everyone can get on with important matters. 

Jillanddy

mrfoxy said:

I think it’ll be a new state pension as I work for a supermarket and it was one of those designed that everyone has to have kind of thing. 

OK. So there is no possibility of ill health retirement anyway.  The new state pension is nothing more than a way of making you pay in advance for a state pension, whereas previously you were paying for today's pensioners on the assumption tomorrows workers would pay for yours. Congratulations - now you get to pay for both.  

But that clears that up.  Sorry,  but I'll have to be blunt. If you lose your job you will go into the benefits system. You may get some help around your incapacity for work,  but they'll be doing everything they can to get you back into work - whether you want to,  whether you are fit enough,  and whatever work they can. So planning and talking to those that really want to help you is important. And the Job Centre people,  much as they may want otherwise, are there to get you back to work by whatever means possible. It isn't that they are bad people,  but the system is bad,  and they have targets... I suggest you talk to the people at Scope that I suggested previously,  and take some control with their help.  

General_Grant

mrfoxy said:

I think it’ll be a new state pension as I work for a supermarket and it was one of those designed that everyone has to have kind of thing. 

What deductions were taken from your pay?  Was there just employees NI (ie State Pension) or was there a separate line for a separate pension (such as NEST which is not a state pension but the requirement to offer this was introduced by statue)?

mrfoxy

Hi,

Can I just ask? 

Would they give me a reference if I was dismissed for capability/illness?

elsien

mrfoxy said:

Hi,

Can I just ask? 

Would they give me a reference if I was dismissed for capability/illness?

They could. Whether it was a basic one that just gave dates of employment, or whether it went into more detail depends on the company policy. 

mrfoxy

I think the company does do a standard reference. How would I be able to find the policy ?

Brie

If your union rep is also an employee of the same place then they would know.  Otherwise you could ask your HR department.

SusieT

May I suggest that you write down the questions that you need answers to, so that you are very clear and do not forget anything? You could post them here to make sure you are not missing anything. Ask for answers in writing so that you can look at things in your own time and do not have to make notes while talking and/or missing an important point, which is very easy to do. 
Personally I would not resign however much pressure they try to apply, but I wish you luck and a return to work at a later point whatever you do

happyc84

Try and reach a settlement, which will allow you to move on. Please don't resign.

simongregson

Can I suggest that you contact the regional office of your union. I have been a workplace union rep and for the union I am a member of any work for members at risk of dismissal gets referred to more experienced caseworkers

Do not resign as it would give you the worst outcome and mean you cannot negotiate with your employer.

The union might suggest that you negotiate a settlement agreement, where you agree to leave but can have them negotiate for you, for example a reference, sometimes some extra notice pay and so on. Don't expect the earth, but if an employer has made mistakes following their own procedures they will often prefer to negotiate a settlement rather than risk an employment tribunal or bad press. You do give up your rights to peruse this but as you have said it is a very stressful process that might suit you to avoid. The agreement would be legally binding and by law you will be given access to independent legal advice as part of the process, the cost of this is paid for you

Do discuss what outcome you would like with the union, they will do their bet to negotiate this, possibly also avoiding you need to attend meetings yourself if you find this difficult. Discussing with the union obviously doesn't force you down this route, they will only act on what you would like to do.