The end of employment and claiming ESA

[pgt1975]

Can anyone help me....I was off work from August 2010-January 2011 due to continuing mental health problems. In February 2011 my employer gave me three options: 1. to resign 2. they would terminate my contract on grounds of ill health 3. 6 month unpaid leave. After the DWP advised they'd pay me ESA even if i was off work i chose option 3 (in hind side maybe a mistake, as there's been no improvement in my health and my initial diagnosis of bi-polar is now being questioned as possible aspergers). As the 6 months are nearly up my employer is pressuring me into advising if i'll be returning and also to see their occup health nurse. Does anyone know if my ESA will be stopped if my employer terminates my contract on grounds of being unable to carry out my role due to my health? I also take issue with seeing a occup health nurse as my psychiatrist has had to refer me to a specialist professor to diagnose aspergers so surely she is even less qualified. HELP!!!

[leemack]

It is normal practice for an employer to want you to see the occupational health dept if you are off sick long term - the employer needs to know how long you're likely to be out and also whether you're likely to return at all.

 

Once SSP has ran out, ESA is paid regardless of whether you're employed or not.

 

You're on sick leave, whether it is unpaid or not - your employer can't restrict the length of leave, but he can terminate you if a proper occupational health assessment finds you're unlikely to return. If this is likely to happen you may wish to get some specialist employment advice - ACAS have a helpline you can call - you can google the number.

[honeybee13]

Hello there. CAG also has an Employment forum, where you could ask about the non-benefit part of your problem.

 

My best, HB