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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73814
Experience:  Qualified Solicitor
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I just wanted some advice. I have ME/CFS and worked for the

Customer Question

HI i just wanted some advice. I have ME/CFS and worked for the NHS part time. i am classed by the NHS as having a disability. During the covid Pandemic i was forced to resign from my job as i aksed to work from home due to my condition. I treid to get a doctirs letter but no doctors would reply to me. I offered to take my 4 weeks holiday but i was told i could not take them anll in one go, so i asked if i could stay at home without pay. The answer was no. I am immune compromised and i was told 'we all are'. I felt i had no choice but to resign. I am nearly 58 years old and due to retire at 60 but i cannot get any of my pension until then. I was told by a friend this was constructive dismissal?? i think they wanted me to go due to my illness and sickness.
JA: Have you discussed the forced resignation with a manager or HR? Or with a lawyer?
Customer: No, i copied HR into my resignation letter and told them why i was resigning but i did not hear anything from them
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: i was an employee had been with them 15 years. I was in the union and copied them into my resignation letter but i heard nothing
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i dont think so
Submitted: 13 days ago.
Category: Law
Expert:  Ben Jones replied 13 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 13 days ago.

What is your specific query in relation to this please, so that I can best advise?

Customer: replied 13 days ago.
I felt i had no other option but to resign and felt it could be classed as constructive dismissal.
Customer: replied 13 days ago.
i want to know if i have a case?
Expert:  Ben Jones replied 13 days ago.

OK I understand. So what are you ideally hoping to achieve given the circumstances please?

Customer: replied 13 days ago.
i have a nhs pension but cannot access it until i am 60. I am 57. i was going to claim sickness retirement but did not get around to it then i felt i was pushed out during the pandemic. i am now unemployed with no income.
Expert:  Ben Jones replied 13 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 12 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. Can I also check when your employment officially terminated please?

Customer: replied 12 days ago.
my employment terminated on 2nd Feb this year. I have an email trail about the issue with my manager and my resignation letter, if that helps but I would like to know if i have a case where i can either claim my pension early or compensation? i have looked into this and aswell as it not being easy to win a constructive dismissal claim my compensation will be tiny as because of my illness i was down to only 2 afternoons per week so my pay was minimal so compensation is based on this it may cost me more in making a claim. I also only worked for the NHS for 17 years 3 days a week to begin with then reducing down over the years.
Expert:  Ben Jones replied 12 days ago.

Thank you very much for clarifying. the starting point is that you are actually out of time to make a claim as any constructive dismissal claim must be initiated within 3 months of your termination, which means you are a month out of time now.

You cannot force the pension to be released early as this is a case of the scheme rules applying and you leaving, even because of the employer, will not change that. It could actually end up being a case of claiming benefits, or finding another job, which you can do until you can start drawing your pension.

Expert:  Ben Jones replied 12 days ago.

I appreciate this may not be the answer you were hoping for but it is the legal position and all I can tell you is what the law says. I do hope that it at least explains where you stand and I will be happy to clarify anything for you in relation to it. For now, thank you for using our service.

Customer: replied 12 days ago.
i thought so, thankyou very much for your help. Have a good evening :)
Expert:  Ben Jones replied 12 days ago.

You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best