Help , advice please - resign or not as last resort

Having been advised that nursery nurse is possibly too physical for me to continue doing. After trying phased returns 3 times since September. The doctor has put me as may be fit to work with amended duties after being off sick for 3 months ( might be possible with company- trying to keep open mind ) Work would like me to attend for a 8 hour shift on Tuesday during which we will discuss how they can assist my return. If I have to resign, because they can't amend duties can I claim ESA with a view to retraining? Have tried looking at this site and others but can't find anything recent and being the weekend can't phone anyone

21 Replies

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  • My work are terminating my contract at the end of April due to my not being to do my position as scrub nurse in theatres and I have been told that I can go straight to esa...I'm also going to do a counselling diploma starting in April that will be part funded hope that helps you xx

  • Thank you, it does offer hope!!

  • Wait until they terminate your contract for health reasons. Claiming ESA is far simpler if you do.

  • It doesn't make any difference to claiming ESA whether or not their contract is terminated or whether they leave of their own accord because of ill health.

  • In some ways yes. However when claiming esa you can send the various letters from occupational health reports, letters from the company etc which will state why you are no !onger fit to do that job. The occupational health report will be written by health care professional it will document what the problems are and what as been tried to try and keep that person in employment. If you leave before that point there will be questions asked why you left before trying every thing recommended by OH. The report will state exactly why you are nolonger fit to work it will help both in ESA and can help with PIP. If it was me in this situation I would also refer myself to the community Occupational Therapist for a home assessment of my abilities. The more evidence you have the better. Most people fail ESA due to lack of supporting evidence.

  • Hi I had to. Move house after my husband died. And had to give my job up after the money from the sale of my house ran out. I applied for ESA. As my health had got worse and I got put in the support group . And that was done with the help of my GP I didnt even have to go for a medical. I also have PIP. The only thing I had to send in was a sick line from my GP. Until I was put in the support group now I don't have to send any more sick lines .

  • Hi, thanks for that, I believe I can still work but with less of the physical involved

  • I hope everything goes well for you. Take care. X

  • Thanks you too

  • Thanks, no occupational health involved, company a small one. But appreciate the more evidence the better

  • Ah I was thinking of only the initial claim Badbessie and not further along the line. You are quite right in that of course.

  • I have helped number of people though claims using various evidence. There is no such thing as too much information. lol..The last Lady I helped was put into the support group without examination purely on the Occupational therapists and GPs letter.I always tell people to start getting documents, medical reports etc even before applying it takes a lot of the stress out of what I think is a inhumane procedure.

  • thanks

  • Hi you should wait for your employer to terminate your employment on the grounds of ill health / capability as you will then be paid your liue of notice. Which is one week for each completed year of employment as a minimum. Your company may offer you more. If you don't what to leave make sure that they have look to see if there is any alternative jobs take you would be able to do.

  • Thank you, I do enjoy working with children and want to see what they can offer but have a strong feeling that they will say they cant offer an alternative

  • Hello hoping2improve . I am sorry I can't help you with your question about ESA but I wanted to wish you well and hope that things will be resolved and mostly resolved in the best way for your health and good state of mind. Please do keep us updated. Take good care.

    Cas xx :)

  • Hi Cas, thank you for that. Hope all is as well as can be for you

  • 😘💜😘

  • As others have said you should wait until your organisation dismisses you on health grounds. But do YOU want to leave? Organisation has a responsibility to try and find you work that you can cope with under "reasonable adjustments".

    It could be lots of things including revised duties and reduced hours.

    Certainly a return to work after 3 months off sick working for 8 hour shift seems ludicrous to me. Especially when you have tried to return several times already.....!

  • I agree. Your employers have a duty towards you under the Health and Safety at Work Act. If they don't offer reasonable adjustments then they are breaking the law. Bear in mind however that these are all subject to 'business needs' and these take priority.

  • Thanks. No I enjoy working - just not when I keep going sick. I'm hoping for the best but have a nasty feeling it will be no.

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