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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6339
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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i have been off sick with bereavement stress and anxiety.

Customer Question

i have been off sick with bereavement stress and anxiety. According to my sick note I am not due to return to work until 8th Jan 2015. I had a meeting with my Line manager and a HR representative and had an off the record conversation they suggested that i could resign within my agreed sickness time and they would pay me a months wage and any holiday. Is this an appropriate request? how does it the rules leave payment change should i leave at my next doctors review. I do not feel that they are allowing me suitable time to heal? Please help
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Customer:

Hello my name is ***** ***** I am happy to help you today. How long have you worked for the employer in total?

JACUSTOMER-lfckzv3q- :

8 years

JACUSTOMER-lfckzv3q- :

sorry how rude of me Hello Jenny

Customer:

No problem have they said what will happen if you decide you do not want to resign?

JACUSTOMER-lfckzv3q- :

only that i will face absence programme and be placed on capabilities once phased back in. Capabilities was part of the reason for my anxiety and depresesion

JACUSTOMER-lfckzv3q- :

But as it will be 6 months in January a decision has to be made

Customer:

How long have you suffered with anxiety and depression for and how long is it likely to last?

JACUSTOMER-lfckzv3q- :

Anxiety since my husband died in Feb 2012. However i didn't recognise i was in trouble till January this year. I went to doctors in March as I couldn't juggle anymore and he put me on anxiety tablets and I shut down completely in June as nothing helped. Since then I've been too scared to go back to work which is unheard of as i am normally the most passionate person in the room. I have zero confidence but can see a light at the end of the tunnel but leaving seems to be the only way to move on which is awful as i have been such a positive member of the team but i cant go back to the bottom for the third time i feel so guilty for having a natural response to loosing my significant other at the age of 40.

JACUSTOMER-lfckzv3q- :

I am looking for alternative work now as i feel pressured into doing it.

Customer:

Other than work does this have an impact on your abilty to carry out day to day activities such as going out or eating/ sleeping etc?

JACUSTOMER-lfckzv3q- :

Yes my sleeping pattern is all over the place my eating is'nt much better and my children suffer as they do not see the positive mum that they know but i am working on this and it is getting better slowly but i feel safe at home

Customer:

Ok thank you. What an awful situation for you. Do you feel that there are any adjustments that could be made to your job to assist in a return to work such as a phased return or working from home?

JACUSTOMER-lfckzv3q- :

They have already suggested phased to work but this was done when i returned after the actual bereavement event. I do not feel that they can do anything but feel that they do not have suitable experience to deal with this. I cant work from home as this job is face to face and i have the guilt of going back to my caseload knowing that they could have already been completed if i had been in the previous mindset (well i know they would have) Its awful because the guilt is huge I feel like I've let everyone down. and it isn't due to something specific that I've done wrong.

Customer:

Have they offered any sort of settlement agreement?

JACUSTOMER-lfckzv3q- :

only if I resign

JACUSTOMER-lfckzv3q- :

which is just 750 plus my accrued holiday

Customer:

Ok thanks what is your salary?

JACUSTOMER-lfckzv3q- :

that is my take home

Customer:

per month? Are you currently on any pay?

JACUSTOMER-lfckzv3q- :

I work partime since the bereavement and the requirements for the job are too much

JACUSTOMER-lfckzv3q- :

only ssp

JACUSTOMER-lfckzv3q- :

in the eight years i have worked for them i have only been off twice once for 6 weeks with a broken elbow and this time which is currently 4 months so have been on ssp since august

Customer:

Ok yours is a difficult situation in that an employer is not obliged to keep a job open indefinitely when a person is off sick. It is almost certain that you would be deemed disabled for employment law purposes as the law says that a person with a physical or mental impairment which is long term and has a significant impact on their ability to carry out day to day activities is disabled for employment law purposes. As a disabled employee the employer has to make reasonable adjustments such as making changes to the job or allowing you to be off work for a longer period before commencing capability proceedings.

Customer:

I would therefore suggest you raise a grievance on the basis that it would amount to a reasonable adjustment to allow you more time to recover.

Customer:

If they do not then it may be that you will have to consider making a claim of unfair dismissal. / disaibility discrimination in the event that you are dismissed.

JACUSTOMER-lfckzv3q- :

Ok thank you. But some of the reasons I'm off is due to the job role requirements which they they can not change as we discussed in the meeting of last week. I am in councelling and this isn't likely to be completed till the end of the period in Jan. I just do not have any faith in them any more.

JACUSTOMER-lfckzv3q- :

Could i ask them for a reference to reflect my whole time of working for them as i have worked for the same Line Manager for the whole employment.

Customer:

Hi yes you could. It would do no harm for you to ask for more money and a reference. You can draft the wording that you want yourself and ask if they will agree to it as part of a settlement agreement.

JACUSTOMER-lfckzv3q- :

ok thank you today has been very useful.

JACUSTOMER-lfckzv3q- :

I am completely happy with your advice

Customer:

No problem all the best to you. You can come back to me in the future if you need to. I would be grateful if you would take the time to rate my answer. Thank you.

Jenny and 4 other Law Specialists are ready to help you
Customer: replied 2 years ago.

All done Laughing

Expert:  Jenny replied 2 years ago.
Thank you.