Giving Up Employment Due To Ill Health

Hello There,

Been a subscriber to your guides for 18 months or so now and they helped greatly when it came to my DLA renewal, so I thought I'd ask a wider question in regards my situation. I appreciate this may not be the place but hopefully no harm in asking!

Background:

I currently receive higher mobility and lower rate care component of DLA, this is the only benefit I receive

12 years ago I was struck down with a very rare autoimmune disease, which left me unable to work for a couple of years, and with no feeling in one leg and arm. slowly feeling has partially returned in both but not fully.

Condition is by and large well managed with a cocktail of pretty nasty, heavy duty medication which deliberately keeps my immune system suppressed, and steroids to combat inflammation unfortunately this leaves me susceptible to any infections / illness going round.

Over last 3 years, my attendance record at work has got steadily worse due to constant infections and general fatigue either from the infections or just general medication and feeling rough. My constant time off was to such a degree I negotiated a 3 month unpaid sabbatical to concentrate solely on my health! This helped tremendously, I got fitter, lost weight, had NO infections and so no antibiotics, which has not been the case for many, many months previously. I put this down to not being in air conditioned office with recycling air of potential germs etc from other people and no commute on trains and tube

Returned to work recently after the sabbatical and lasted 3 days before I woke up and could barely move from aching. Standing up straight was a struggle due to back pain etc. Saw GP who said was most likely viral infection due to immune system getting a shock from change of pace and commute etc.

Work have since been in contact as they want me to go back to Occ. Health for what must be 5th or 6th time as they are disappointed (as am I, massively so after feeling so well comparatively over the 3 month sabbatical) at my very short return and once I have seen Occupational health my employer said that they and I will discuss my continuing employment with company. My condition is rare enough that a lot of Doctors have never heard of it, so I don't blame my employer for potentially not knowing how best to deal with me, but every visit to Occupational health since my first one has said much the same thing to both me and my employer why are you here again? Nothing has changed, nothing will change to any great degree and its either for my company to accommodate me or get rid.

It certainly seems their position has hardened somewhat and are possibly attempting to terminate my employment due to my sickness record. while I cannot disagree with that I do need to protect myself

while I completely understand their side of things as, as it stands I am currently rather unreliable as I'm not sure from one day to next whether I will be sick or what have you. The fact is, I need to look after both my health and my financial position, so I am just wondering where I actually stand in all of this.

Can they terminate my employment that easily? If so am I eligible for a compromise agreement or payment to enable me to live until I find another job etc? Ive been there almost 8 years so do have certain employment rights.

Thanks for any advice offered, as to be honest I don't feel I can continue in this vain for too much longer, I feel guilt about the constant time off, I don't look 'sick' so cannot help thinking work think I don't try hard enough to get in or else I am 'putting it on' so would like to know exactly where I stand legally. I am due a call back from the anonymous employee assistance service our company is signed up with via an arm of BUPA which comprises all manner of departments, health, legal advice etc, but thought here would also be worth a try.

Thank you

Do you have a union? If not, you could have a look at the 'ACAS' website for information about your rights as well as trying CAB.

However, I was in a similar situation to yourself 3 years ago. Despite surgery my condition had not improved and I was still on sick leave with no reasonable expectation of anything changing. My contract was terminated on the grounds of 'medical incapacity', my union rep was with me and confirmed that everything had been done correctly. My employers were able to demonstrate that there were no/no further adjustments that they could make for me and that my absence was causing problems for the rest of my team and service recipients.

I hope that whatever happens turns out to be best for you in the long run.

Thanks both for encouragement and links to check out. I shall do that now, unfortunately no I am not in a union.

I'm sure things will work out for the best one way or t'other though!

Cheers

Can they terminate my employment that easily? If so am I eligible for a compromise agreement or payment to enable me to live until I find another job etc? Ive been there almost 8 years so do have certain employment rights.

As Gordon has rightly posted moderators are not qualified in Employment Law. However, when I did my Social Welfare Law degree, it covered Employment Law, but I'm no expert, but know something about your situation.

All workers be they part-time or full-time have (or should have) a Contract of Employment which sets out the requirements for both the employee and the employer. By not being at work despite being ill, you are breaking your part of the contract to work x number of hours per week for y pounds per week or month.

However, your employer cannot just fire you, they have have to go through laid down procedures, which include a verbal warning, a written warning followed by a final written warning. If an employer doesn't follow these procedures, you would have a strong case for taking your employer to an Employment Tribunal for 'unfair dismissal'

You can find full details of your rights, including advice on the GOV.UK website by clicking on Dismissal: your rights

Hope this helps.

Hi P,

When moderators reply to topics, especially those we don't normally deal with, it is considered common courtesy to reply or simply to add a thank you by clicking the blue 'Thank You' button.

There may well be a very good reason why you haven't replied, for example you may not have accessed the forum or are unwell. If that's the case, then please accept my apologies.

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Good luck