Advice needed on sickness period please.

swingaloo

My daughter has been quite poorly for some time, she has had a lot of serious health issues which are now either in remission or under control with medication.

She has been with her employer for 3 years but 9 months ago she had a complete breakdown and had been put on medication for depression and anxiety. In addition to this she has another issue which she has been prescribed medication for but whilst on that medication which will be long term she is not allowed to drive. The main part of her job role involved driving from area to area plus the commute to and from work was a round trip of 70 miles.
She has been off so long that her company sick pay is finished and her SSP will finish in a few weeks. Her doctor has advised that for a number of reasons she should not return to this employment. 

She has kept her employer fully informed and to be fair they have been very good about her absence. But, when she tried to return to work half way through this current period of absence she was put on a stage 2 warning and was told dismissal would probably occur if she reached a stage 3.

Obviously because that was about 4 months ago and she had to be off again (she only managed 2.5 weeks when she tried to go back) she knows that when she returns to work she will be in line for dismissal anyway.

So the situation now is that at the last monthly meeting at work which I had to drive her to, they told her they would do all they could to help her back to work which could mean changing the role she does. But the reality is that she will not be able to go back as even if they could find her a different role which is very unlikely she will not be able to drive for the commute and public transport would take 3.5 hours to get to work and as the finishing time is 11pm at night there would be no transport available to get home.

She has asked if she can be let go on capability grounds as if she reigns she will not be able to claim any benefits but they have refused this saying they want to help her back to work.

So she is now stuck between a rock and a hard place as her SSP will end yet the company are insisting she must stay in their employment which seems crazy, I know they have to tick boxes and have to be seen to be doing all they can but the reality is she cannot go back. Is the only way round this to resign?

TELLIT01

Resigning doesn't automatically mean entitlement to benefits will be stopped/sanctioned.  If the job requires that she drive, and she isn't allowed to drive and can't realistically get to work any other way, it's highly unlikely that sanctions would be applied.

swingaloo

Thank you very much for the reply, she didnt realise that was the case. 

Brie

She has asked if she can be let go on capability grounds as if she reigns she will not be able to claim any benefits but they have refused this saying they want to help her back to work.

A company would have to say that they will help her back to work as to do otherwise would probably lead to them being taken to an employment tribunal when the individual left. But being on a disciplinary for absence will effectively get her what she needs - as I understand it.

JCS1

She will also be accruing holiday pay whilst still on their books, so do not resign

Marcon

swingaloo said:

My daughter has been quite poorly for some time, she has had a lot of serious health issues which are now either in remission or under control with medication.

She has been with her employer for 3 years but 9 months ago she had a complete breakdown and had been put on medication for depression and anxiety. In addition to this she has another issue which she has been prescribed medication for but whilst on that medication which will be long term she is not allowed to drive. The main part of her job role involved driving from area to area plus the commute to and from work was a round trip of 70 miles.
She has been off so long that her company sick pay is finished and her SSP will finish in a few weeks. Her doctor has advised that for a number of reasons she should not return to this employment. 

She has kept her employer fully informed and to be fair they have been very good about her absence. But, when she tried to return to work half way through this current period of absence she was put on a stage 2 warning and was told dismissal would probably occur if she reached a stage 3.

Obviously because that was about 4 months ago and she had to be off again (she only managed 2.5 weeks when she tried to go back) she knows that when she returns to work she will be in line for dismissal anyway.

So the situation now is that at the last monthly meeting at work which I had to drive her to, they told her they would do all they could to help her back to work which could mean changing the role she does. But the reality is that she will not be able to go back as even if they could find her a different role which is very unlikely she will not be able to drive for the commute and public transport would take 3.5 hours to get to work and as the finishing time is 11pm at night there would be no transport available to get home.

She has asked if she can be let go on capability grounds as if she reigns she will not be able to claim any benefits but they have refused this saying they want to help her back to work.

So she is now stuck between a rock and a hard place as her SSP will end yet the company are insisting she must stay in their employment which seems crazy, I know they have to tick boxes and have to be seen to be doing all they can but the reality is she cannot go back. Is the only way round this to resign?

See https://www.gov.uk/employers-sick-pay/eligibility-and-form-ssp1 and scroll down to the section 

If an employee is not eligible or their SSP ends

EnPointe

Brie said:

She has asked if she can be let go on capability grounds as if she reigns she will not be able to claim any benefits but they have refused this saying they want to help her back to work.

A company would have to say that they will help her back to work as to do otherwise would probably lead to them being taken to an employment tribunal when the individual left. But being on a disciplinary for absence will effectively get her what she needs - as I understand it.

exactly this , also there is the risk of  letting her go  prematurely  triggering a claim on the pension scheme  or  some other cover 

Savvy_Sue

The employer could also do a referral to Occupational Health, who might confirm the unlikely nature of a successful return to work.