Author Topic: Dismissal due to ill health  (Read 3764 times)

Defying Gravity

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Dismissal due to ill health
« on: 11 Dec 2013 12:09PM »
I just wanted to check with people 'in the know' whether someone can immediately claim JSA or ESA if they're dismissed due to ill health. I'm asking on behalf of someone who has been off sick for a while and has been advised she could return to work part time but not in a customer facing role. Her company say they don't have any non customer facing roles because they're a shop so have suggested dismissal due to ill health.

KizzyKazaer

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Re: Dismissal due to ill health
« Reply #1 on: 11 Dec 2013 05:54PM »
Hi DG - going from the info you've given above, I would say that due to the reason that employment will be terminated, your friend would be best going for an ESA claim rather than JSA (the conditions of which demand that she be available for just about any type of work).  Assuming she has been receiving sick pay from her employers, she can claim ESA from when this ceases (in reality she can start the ESA process before that, as it will take some time for the decision  >erm<  >whistle< but she needs to supply a letter from the ex-employer confirming when sick pay was last paid and the period it covered.) 

If you need to know anything else, please ask - but just to let you know I won't be online again until tomorrow late morning!

Monic1511

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Re: Dismissal due to ill health
« Reply #2 on: 11 Dec 2013 07:26PM »
Hi
You friend should be making a claim for ESA as soon as her statutory sick pay ends - thats normally 26 weeks after the person becomes sick, make sure she does not resign and if not already on the sick then sign off on the sick rather than resign.  If the company terminate her contract after her SSP has ended thats their problem, she shouldn't be affected benefits wise.

make sure she doesn't claim JSA though as thats saying your "fit and available and activly seeking work"

 >hugs<
monic

Defying Gravity

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Re: Dismissal due to ill health
« Reply #3 on: 11 Dec 2013 10:23PM »
Thanks both. I have already told her on no account to resign. The reason I mentioned JSA at all was that her last sick note said she was fit for a phased return to work but if that isn't possible then she's signed off sick still. So I think the expectation is that she will be fit to work in the relatively near future, and I'm not sure she would qualify for ESA. But I suppose it wouldn't hurt to try!

devine63

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Re: Dismissal due to ill health
« Reply #4 on: 12 Dec 2013 01:29AM »
Hi DG

you are quite right to tell her not to resign, there is a formal process they should have to go through to be able to complete this matter, if it is not completed properly the benefits people might try to claim that she is voluntarily unemployed.   Is this shop part of a chain?   If so, the chain might need to be involved in considering roles for redeployment.   Trade union reps are often helpful for this sort of thing.   

Does your friend have a pension related to this job?  She can apply to them to be considered for ill health retirement with a pension - but she may not get it if there is other work elsewhere which she could do.
regards, Deb

Hurtyback

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Re: Dismissal due to ill health
« Reply #5 on: 12 Dec 2013 11:06AM »
It sounds as if your friend would certainly get into the assessment phase of ESA. This is lasting a very long time at the moment, so it is possible that this would cover her until she is ready to return to work, without having to undergo any assessment.

Defying Gravity

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Re: Dismissal due to ill health
« Reply #6 on: 14 Dec 2013 11:47AM »
Thanks all, I've passed the info on.