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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48188
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Ì have just been diagnosed with c o p d and have been

Resolved Question:

Ì have just been diagnosed with c o p d and have been advised by my doctor i am unfit to carry on in my present role. There are no other positions within the company i can do. Do i have to hand in my notice, or does the e.ployer have to dismiss me on medical grounds. Many thanks
Submitted: 5 months ago.
Category: Law
Expert:  Ben Jones replied 5 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 5 months ago.

Do you get any health insurance benefits from them?

Customer: replied 5 months ago.
No
Customer: replied 5 months ago.
Is that 44 on top of the 52 deposit
Expert:  Ben Jones replied 5 months ago.

You mean the call offer? Yes it is, but you can ignore that as I am not available for calls at present and it is offered automatically.

Customer: replied 5 months ago.
No thanks to the call
Expert:  Ben Jones replied 5 months ago.

To be honest you could do either – there is no right or wrong way about it. If you had some PHI cover through work, then that may not kick in unless you were dismissed on ill health grounds but this won’t be an issue here. The other consideration is in terms of benefits because if you resigned you could have your benefits delayed, but you should not be affected because you did not just resign for no apparent or good reason – you had genuine reasons for doing so and in these circumstances I do not see benefits being affected by this either.

You can approach the employer and propose an amicable termination where basically you neither resign nor are dismissed but it is a mutually agreeable termination. If they do not agree to that you can just resign, or let them dismiss you on grounds of capability. Either way there should be no concern about which option you take.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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