dismissed due to sickness/disability

DISMISSALL BECAUSE OF ILL HEALTH.
I have been warned by my employer that I am about to be dismissed because of the amount of sickness I have had over 12months period. This is due to disabilities and physical illness requiring periodical hospitalisations.

I have no idea where to start regards claiming benefits.(I am married) and 52yrs age.

Please help!

Hi Angela

I'm sorry to hear that your job is in jeopardy. As you have not yet been dismissed I would recommend that you seek advice from an advice agency such as CAB to see if anything can be done to prevent you from losing your job, and if not, what benefits you can claim.

We generally deal with ESA, IB, DLA and AA, but there may be a wider range of benefits open to you.

Good luck

Derek

Hi Angela

I too am sorry to hear this. I'm not a moderator or expert, however, may I suggest that look into the Disabilty Discrimination at work rules, as you mention that your absences were due to a disability. Its possible that your employer may have to make reasonable adjustments to assist you keep your job. If you are in a union they should help you. Otherwise CAB Law Centre or ACAS will advise you of your rights. Have a look at this link www.direct.gov.uk/en/DisabledPeople/Empl...entRights/DG_4001073

hi angela have you been in discussion regarding your dismissal with management no1 have they tried to find out any information about your condition no2 have they asked you about the likely timescale of any recovery no3 have they tried to find a different role in the company no4 have they offered any change or reduction in hours have they discuused ill health retirement with you what condition do you suffer from and are you registered disabled they cannot just dimiss you without these dicussions taking place I worked for over 20 years at the post office in employment law If you need any help please ask good luck peter

angela
wrote:

DISMISSALL BECAUSE OF ILL HEALTH.
I have been warned by my employer that I am about to be dismissed because of the amount of sickness I have had over 12months period. This is due to disabilities and physical illness requiring periodical hospitalisations.

I have no idea where to start regards claiming benefits.(I am married) and 52yrs age.

Please help!

Hi Angela,

We normally cannot deal with employment law, but as it benefits related also, and I have some experience in this area of law I'll do my best to answer.

Contrary to popular opinion, many employees think they cannot be dismissed for being off sick, regretfully that's not the case. All employees have or should have a contract of employment which sets out the terms and conditions of employment including the rate of pay and a requirement to work x hours per week.

Absence from work, including being absent due to ill-health amounts to breach of contract, so an employer can dismiss an employee so long as they follow the company's laid down procedures, and can satisfy an Employment Tribunal that their dismissal was fair, if not the employer could be taken to an ET for 'unfair dismissal'

In addition to the link kindly provided by Michael, see also Fair reasons for dismissal

Are you not a member of a trade union, if so, they will help in these matters.

Hope this helps and good luck.

Jim

Many thanks
angela