Which way of leaving a company 'looks' better?

B0bbyEwing

Before we go further, "looks" is the wrong word but it's the only one I can think of. I'll explain the situation with as much info as I'm willing to give on a public forum (work folk frequent here so I don't want to give too much to reveal myself) and you guys can hopefully make sense of what I'm trying to get at.

Basically there's a very realistic chance I'm going to have to no longer work for the company I work for, one way or another. It could very likely come down to whether I decide to leave myself due to an injury making me medically unable to perform my role (or any other available role within the company, in fact it could make getting many jobs quite difficult) or the other way would be I refuse 'to quit' and the company basically terminate my contract on medical grounds, whatever that would legally be called.

But there's a little more to it than that. The injury sustained was done so at work. I've already been in contact with a solicitor and from the information I gave they are confident that I would win a claim. Granted, their confidence is based on the information >I< gave and there's 2 sides to a story but then it's only possible for me to give my side and I tried to be as factual as possible to get as accurate a response as possible.

I told the solicitor I would not be claiming as I'd effectively be signing my resignation letter (work would make life hell) and that I was only contacting them for an idea of a) whether there's a fair chance I'd win and b) how much money I could be looking at. The solicitor said they'd shelve it but I've 3 years to call on it. In addition, I'm unsure whether I would have grounds for medical negligence against the NHS. Again, I don't want to go too much in to that here as the fine details aren't relevant to the main question. The NHS claim I'm not sure about because I actually haven't yet contacted a solicitor about that so for now we'd have to take it as that would be unsuccessful as I've not been given a clear positive indication otherwise.

I'm thinking if work finish me on medical grounds, that would work better for either claim I mentioned but I'm not sure how that then works with the next employer when it comes to referrals. Even if I had very solid grounds for claiming & the employer was found to be negligent in some way, as my solicitor thinks they would be, my worry would be future employers would think hang on a sec, this individual is going to claim against us if we forget to offer them a morning coffee & give them a hug goodbye at night.

I know some of you are employers, some of you may have dealt with similar cases. I hope I'm getting ahead of myself & all this comes to nothing but I'd rather be informed early than just sit wondering.

Savvy_Sue

Given that you think your injury will reduce the range of jobs you'll be able to do, I can't see a problem with them dismissing you on capability grounds.

But a) I'm not an employer and b) when I was working and occasionally recruiting, I tended to be more open-minded than some of my colleagues WRT disabilities.

Markdavid1962

Is the injury classified as making you disabled, if it does then the disability discrimination act should protect you, ie the company must make allowances and provide support so you can do the job

Good luck

LightFlare

https://forums.moneysavingexpert.com/discussion/comment/82001555#Comment_82001555

within reason depending on the actual role and nature of the injury

That may include a different role though.

Depending on the OPs age and pension provision then early retirement options may be available/ negotiable

B0bbyEwing

https://forums.moneysavingexpert.com/discussion/comment/82001555#Comment_82001555

I don't know for 100% although I would doubt it massively.

I don't really know how a disability is classified so couldn't begin to say either way. My current situation is significant restriction in terms of ROM. It's early days still & I hope it comes back but depending on how you phrase your Googling then there's a chance my situation could be permanent & if so then that leaves me in big trouble. Not just for my current job but life. It'd require a lot of adapting.

To be fair to the company there's nothing that they could do. If I don't improve then I'm unable to do my duties. It's a physical job & right now I need help with basic stuff around the house that we all take for granted as being able to do ourselves.

Like I say, it's still early days & I'm due to see specialists soon. Some would say well why even ask then if it's early days. Stay positive & worry about it if/when it happens.

I'm a realist though (and a worrier) and prefer to gather information to stay informed just in case. I'd rather know what the situation is or could be & for it to not pan out that way than look in to things in a rushed panic because that's where things are heading.

Mands

https://forums.moneysavingexpert.com/discussion/comment/82001606#Comment_82001606

Which joint and how much ROM has been lost?

I ask as I had major shoulder surgery in my early 20s that resulted in permanent loss of around 40 degrees of ROM, specifically external rotation. I was one of the last people in the country to have that surgery as orthopaedic came to realise that the surgical gains came at too high a price.

No one who knows me would know I have an issue because of natural adaption. But that is much easier for a 20 year old than a 50 year old. I also don't work in a physical environment.

But it has never been suggested that the restriction would be classed as a permanent disability.

elsien

https://forums.moneysavingexpert.com/discussion/comment/82001577#Comment_82001577

Just for the sake of accuracy, it’s the Equality act which superceded the DDA.
And the company does not have to make adjustments, only those which are “reasonable.” Having a disability does not mean that employment can’t still be terminated on medical grounds.

elsien

As to what constitutes a disability, it is a little bit how long is a piece of string, and ultimately it would be down to a court (employment tribunal) to decide in these circumstances.

Basic guidance here.
https://www.acas.org.uk/what-disability-means-by-law

EnPointe

https://forums.moneysavingexpert.com/discussion/comment/82001555#Comment_82001555

The Disability Discrimination Act was repealed in 2010 … you would be well minded to familiarise yourself with current legislative postions before giving advice