About to lose my job

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About to lose my job

Postby DebiP10 » Tue Apr 01, 2014 9:00 am

Hi all. Ive been off work for 6 months now, with my cervical spondolosis, sciatica and fibro. I am not feeling any better, infact i feel worse than when i first went off. My ops manager came to my home for a welfare meeting again yesterday ( i have 1 a month with weekly phone calls) and she told me because i will not be fit to return to work when my fit note runs out at the end of april they would be looking at finishing me.

She did say i could resign which could leave the door opening for me returning should my condition improve but i seriously dont think that will happen with this company. ive worked for them for 7 years, its call centre work so im basically tied to a desk and on top of that, my business has moved further away which would mean a 2-3 hour commute by public transport each way which i would really find impossible.

Can anyone advise me what i need to do when they do sack me in regards to claiming ESA as ive worked all my life and never had to do this so any advice will be really helpful :cry:
Last edited by FluppyPuffy on Tue Apr 01, 2014 10:01 am, edited 1 time in total.
Reason: Made paragraphs clearer for easier reading.
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Re: About to lose my job

Postby FluppyPuffy » Tue Apr 01, 2014 10:07 am

For situations like this, we usually suggest getting in touch with your union rep, if you have one. Alternatively, one of the support organisations like CAB, DIAL should be able to take you thru the system and help ensure you claim for what you may be eligible to.
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Re: About to lose my job

Postby robbiecramp » Tue Apr 01, 2014 10:21 am

Hi Debi not sure if this would help but I have just been looking for myself as my Occupational health assessment has come back and in my job I am not sure if I could go back but see what you think I was sort of looking at severance pay bit here's the link and if any of the moderators feel this could be put in a post in a proper section please do

http://www.moneywise.co.uk/work-wages/s ... -dismissal

Best Wishes

Robbie
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Re: About to lose my job

Postby DebiP10 » Tue Apr 01, 2014 10:38 am

Thanks fluppy, wasnt sure where to post. I dont have a union rep for several reasons, 1st mainly being the last time i was off long term and paying my monthly fee to them they were a waste of time, i was still served with a written warning as the union reps also work for the same company. whats changed now is the company i work for sold out to a 3rd party in feb under tupe agreement.

Thanks for that link Robbie, really informative. A few things they suggested yesterday was reducing my hours, i worked full time until 2 years ago when i was really ill and i reduced my hours from 37.5 to 25 a week working 5 hours a day and only had a 15 min break inbetween which was still too much for me. i was seeing occ health and company Dr who had suggested i need regular breaks from sitting to walk around but they didnt let me, i was constantly pressured to meet the stats each day with a personal allowance of 1% which was 3 mins in personal!!! Working like this added to my pain and i feel has put me where i am today.
Now we have been taken over by the new company and also moved a further 20 miles from my home being a total of 38 miles away now i dont even think i could manage the 3 x bus journeys for almost 3 hours each way let alone preform my job. My husband asked if it was possible i could be made redundant on medical grounds and the immediate answer was no. My ops manager said i could move into a different department whos calls were shorter meaning i wouldnt be on a call for more than 6 mins as to the 15-40 mins i was used to but still it will mean sitting for long periods and trying to concetrate on what the customer is saying/wanting and operating the system correctly when sometimes i cant even remember if ive taken my medication. then of course, the journey back home. :(
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Re: About to lose my job

Postby FluppyPuffy » Tue Apr 01, 2014 10:43 am

Very interesting and useful linky Robbie, thanks for posting it. Been online for a bit too long at the moment so I'm starting to go :shock: :shock: :shock: I'll be back in a bit to see about using the info for a post/topic that we can direct others to when they ask about this :cow-wave: :cow-wave: :cow-wave:
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Re: About to lose my job

Postby westiesharon » Tue Apr 01, 2014 11:33 am

Hi Debi,

I too lost my job through my fibro from a company I worked 9 years for. At no point during any of my welfare meetings was I asked to resign. If you resign then you will not be entitled to severance pay and it sounds like your company is applying a bit of pressure because they know you are not well enough and will not be well enough in the future to return to work. The only way they can terminate your employment is on ill health grounds, for which they should have obtained a report from any consultants that you may be under at the hospital or at least your GP. If it's done the proper way you will be entitled to severance pay, I received a weeks wage for every year that I worked plus payment for any holidays that were due. Do not resign, ask the questions about severance and holiday pay and don't let them get away with sacking you, they can't do this by law.

Hope it all gets sorted real soon for you (gentle hugs (((( ))))) xx)
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Re: About to lose my job

Postby Monty99 » Tue Apr 01, 2014 1:04 pm

Your company have a duty of care under the Equality Act 2010 to 'make reasonable adjustments to suit your condition'. It would be worth asking if they can make some adjustments like shorter hours, later starts to try and accommodate you back into the workplace. If they feel they can't then it would be worth getting that in writing and also speaking to ACAS. They offer free advice and in the event of a tribunal they can come and support you if you are a member of the union. Again the Equality Act is there to protect people like yourself that has a 'long term condition' which actually under the Act it refers to fibromyalgia. Good luck…..
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Re: About to lose my job

Postby DebiP10 » Tue Apr 01, 2014 1:44 pm

Thank you Westiesharon, i thought that would be exactly what they would offer to finish me on so I will definitely mention that to them when they next call :) xx

Hi Monty, they did suggest working shorter hours and later starts but bear in mind they have recently moved premises another 20 miles away from where i was working before i fell sick, this is a 2-3 hour public transport journey away using 3 buses each way and by even reducing my original 5 hours a day down to 2 will still mean i have to endure that journey for almost 6 hours each day which i would find unbearable as sitting and standing after even 10 mins has me aching so bad.I have spoken to ACAS on 2 occasions since being off work, first was about harassing phone calls my manager was giving me on a daily basis, i got that sorted out and again about my rights which were basically what you have mentioned so i kind of feel stuck now apart from mentioning to them what westiesharon said about severance pay then at least i will have something to help me financially for a few months.

I forgot to mention due to fibro fog that they have also given me 2 weeks to decide what i want to do :roll:
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Re: About to lose my job

Postby denys » Tue Apr 01, 2014 5:28 pm

same thing happened to me, I was made redundant in the end as the company was in the process of being sold and they were trying to get everyone off long term sick and/or ill health retirement, I got a good deal but was very sad it happened. So ask the questions and dont let them bully you into anything, get some advice from the agencies mentioned by Fluppypuffy and :goodluck2: :goodluck2: :goodluck2:
Denys

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Re: About to lose my job

Postby fruitloop » Tue Apr 01, 2014 10:31 pm

I agree with what everyone else has said so far. It is maddening to hear how they are pressuring you. If it was a condition with less stigma I wonder if they would still act the same.
You mentioned that the company was taken over and there was a tupe agreement in place. Could this offer any assistance on the place of work issue? Another option to consider is Access to Work support for getting to work- though I appreciate there are a lot of miles to cover, they may be able to offer some support/ advice?
It really doesn't sound like this company are making any effort to assist you in staying in the workplace- looking at hours, place of work, adjustments, and I'm sure there are laws about the length of break to be provided to anyone regardless of disability.

It just isn't fair.
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