Long term illness, what are my rights/protection around my employment? What are my options?

[TessUK]

Hi All,

 

Thank you for this forum. I am new here and found this forum by a stroke of good luck.

I would be grateful for any advice that you could give me or direct me to any resources that might be useful for me.

I have tried to keep it succinct, sorry for the length of this post.

 

My questions are around my employment rights and what happens as I recover, or not.

 

My situation is that I have been suffering with ME/CFS for the last 2 years. It started suddenly- basically a virus just didn't get better.

I was sick initially for 6 weeks and then started working a few hours at home for a couple of months. I then had a break for 3 months (employer request but I was glad of the break). I started phasing back to work after that - it took about a year to phase back to full time work in the office, with 1 day a week working at home. A few months later, following a few months of very hard work and work stress, and some personal stress, I became sick again and I've now been off work for 3 months. My health is not good enough for me to return to work yet.

 

So, my questions are:

1. How long do I have to return to work before they can make me redundant? Can they just fire me or would I get some sort of payoff?
    
   
2. I do not believe that I will return to full time work in the foreseeable future. If I return to part time work do I have any rights/job protection? The job requires full time resource. Could they get rid of me and how?
    
   
3. If I decide to just leave to give myself a break without the pressure of work, how can I retain my entitlement to benefits etc and are there other implications to leaving the job? In this case should I ask them to make me redundant or is there another process I should use? (I would have to move back to my Mums, but it means I would be able to recuperate without all the work stress).
   What are compromise agreements and are they relevant here? A friend advised that's how I should leave but I don't see how I am in a position to be offered one. I feel that I am in a weak position at the moment.
   

 

Many thanks - I appreciate any thoughts or comments.

[Emmzzi]

do you have a formal diagnosis?

 

You sound like you are protected by the Equality Act, but I cannot see what reasonable adjustments your employer could make that would facilitate your return to work.

 

They can indeed let you go. Have you seen Occ Health at all?

 

Any payment under these circumstances actually tends to come from the pension plan - are you in one? Or do you have insurance for your health?

 

How long have you worked there?

[TessUK]

Hi,

 

I was tested for various things that were all negative, and the conclusion was a CFS diagnosis, it was diagnosed by my doctor and it's what appears on all of my sick notes. So I guess it's as firm a diagnosis as I am likely to get.

 

I have seen occ health. I have had several appointments when I was phasing back to work originally and am due for another one - just in the process of arranging it. The occupational health reports so far have said that I would need to return to work on a phased return. The last report (~3 months ago) said that I should probably stay part time for quite a while before going back full time.

 

I am in a pension plan, I don't know the details of it. What sort of payout could I expect- is it basically that I would cash in my pension?

 

I don't have any insurance but work are in an insurance plan that will give me a % of my income after a year sick.

 

I have worked there for a little over 2 years, I became sick after a couple of months employment with this company. Previous work history has been fine - virtually no sickness absence.

 

I am struggling to know how to go forward or a likely sequence of events that may happen. I am worried about money as the money that is coming in is not enough to cover my bills and mortgage. I can't just sit in limbo for months as I can't afford to. At the worst I will have to sell my house and move in with my Mum which is in another part of the country, I would not be able to commute to my job from her home. If I move in with my Mum I will have to end my employment. And if it comes to that I don't know the best way of doing that while retaining right to claim benefits or other aspects that maybe I should consider.

 

I hope that provides further details, thank you for any help in helping me to see the way forward.

 

Best wishes

[Emmzzi]

Hi Tess,

 

well, it sounds like you are doing all the right things.

 

The main advice is to sit tight, let work do what they are going to do, let them raise any options with you - in the meantime I assume you are getting paid. I would expect to be asked to see Occ Health again.

 

It's such an unpredicatble condition, there is every possibility you will be well again to the point where you can work full time, so dont give up hope! (Says the woman with MS - not quite the same but many of the same fatigue issues) - it was a long wait to get better, but I'm very busy and active at work now.

 

There is a huge amount of vairability in IHR, here's a very high level guide. I don't know if it is possible to make an enquiry in confidence (ie so your manager is unaware you are thinking this way) about the scheme guidelines so you have more information.

 

http://www.pensionsadvisoryservice.org.uk/workplace-pension-schemes/final-salary-schemes/ill-health-retirement

 

Many schemes do a lump sm only (if you are expected to be able to work again within say a year) or an immediate pension, but with only 2 years in the pot, I am not sure if it is worth worrying about.

 

What investigations have you done about benefits? For example, seeing a benefits advisor at the CAB, or posting on the benefits section of this forum where people have more knowledge than I do!

[Nystagmite]

If I decide to just leave to give myself a break without the pressure of work, how can I retain my entitlement to benefits etc and are there other implications to leaving the job?

 

If your disability affects your ability to work, (sounds like) you might be able to claim employment support allowance. You will not be sanctioned if you left your job to claim.

 

If you can work, but not the job you're doing, you may be able to claim job seekers. It's not as simple as leaving = no benefits for some weeks. It depends on the situation. For example, if there are no reasonable adjustments which can be made and they let you go, there should be no problem. You may need to get a fit note to say you can work; but not at your current job. If you post that question in the benefits forum, someone should be able to give you more information.

[TessUK]

Hi,

 

Thanks again for your responses. That's great that you have recovered well by the sounds of it - that's fantastic.

 

I will go and see a CAB advisor. I have been putting it off because I haven't felt well enough but I could go now. I am not really getting paid - I've queried the payments I am getting because it's only about 25% of my salary (not covering even the bills/mortgage) so I'm waiting to hear back from HR on that one.

 

I had no idea that the pension may possibly pay something out, although as you say - being there for only 2 years doesn't give me a huge pot. I forgot to say that I am 36, so I do agree that it is highly probable that I will be able to work in the future, even the near future. So I guess the pension isn't really something to count on.

 

The next Occ health review has been scheduled for next Monday.

 

I will post on the benefits board too and find out my situation there. It's just difficult being in limbo, as I am sure you know from experience.

 

Many thanks again.

Tess

[TessUK]

Hey thanks Nystagmite. That's useful. I am worried about not being able to do my job, it is really busy and stressful, and it is daunting to think about.

So sounds like I can claim something anyway. Is there a time limit that my employer will give me to get back to work do you know?

Thanks again

Tess

[honeybee13]

Hello there.

 

I think it would be wise not to count on the pension scheme for now. It depends what type it is, which you probably don't want to think about at this time.

 

If it becomes an issue, I and the forum guys will do our best to help.

 

My best, HB

[Emmzzi]

Tess, it will depend what Occ Health say. Employers are more likely to wait if there is a likely return to work date. You may need more reports from GP /specialist first.