claim sick if I resign?

flutterman

Regular MSE'er here just protecting my identity.
I've been employed 7 years, I'm pregnant and currently off work due to sickness and claiming sat sick pay via employer. The sickness is related to my pregnancy.
Signed off work by doctors.
My questions:-
If I was to resign whilst on sick can I still claim sat sick pay?
If I was dismissed (disciplinary outstanding) whilst off sick can I carry on receiving sat sick pay?
The reason I ask is I think if you are dismissed or resign normally I believe you have to wait 6 months before claiming any allowance.
The gov web site doesn't give a defiant answer either way.
If anybody can advise and provide a web link I would be very much appreciative.

Many thanks in advance.

dmg24

Hi flutterman,

If you resign or you are dismissed you will need to claim Incapacity Benefit. There is no waiting period for IB, you will be able to claim straightaway.

I think the rules change in the later stages of pregnancy (you have to use your maternity entitlement rather than IB or SSP), but I am not sure on that. Hopefully someone else will know! x

flutterman

Many thanks for that and I'll investigate incapacity benefit.

Yes I have read about materity allowance for ex workers.

Thanks again.

Auzelia

Hi,


Just wanted to say that your employer will find it very hard to dismiss you when you are pregnant, and they can not discipline you for pregnancy related sickness.

flutterman

Auzelia wrote: »

Hi,


Just wanted to say that your employer will find it very hard to dismiss you when you are pregnant, and they can not discipline you for pregnancy related sickness.

Thanks.

Yes I understand that they have to be very careful with how they deal with this. Thou they don't state pregnancy within the discipline I'm pretty sure it this is the genuine reason. Of course I can't prove this.

flutterman

Sorry couple more questions.

If I was to resign, could I still be a dismissed via disciplinary, or does me ending my employment already stop this?

If I was to resign giving the require 2 months notice. Am I right in believing I can still claim maternity allowance thou I resigned and effectively walked from a paid job?

From what I have read I believe this is true but looking for anybody else who has been in the same boat.

dmg24

You can still claim Maternity Allowance if you have worked sufficient time in the qualifying period (I would assume that you have for the amount of time you have worked, unless you were only working a few hours each week?).

If you give notice to resign, then the disciplinary process could still continue during your notice period. They could potentially state that you resigned, however after this time gross misconduct was established, and therefore you would have been dismissed had you not resigned.

flutterman

Many thanks again 'dmg24'.

Thou I believe it's all b*ll*cks and if I was dismissed I would have a very good case against them including written evidence.

But it's something I could do without especially with having a new baby on the way as well.

My husband says kick off and fight but that's just not me!

But thanks for easing my mind a little.

A_little_stressed!!

I'd say wait till they fire you if you think they are going to, then take them for all their worth in a tribunal! You should not be harassed for being pregnant!