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gilford profile image
7 Replies

Hi I haven't written for quite a while but now I'm at the end of my tether. It looks like I have lost my job as my fibro has been playing up due to work wanting me to stand for 7 hours solid and wouldn't listen to me saying I can't do it I'll be in agony until I got a letter from my doctor. Once I got the letter ( to take to my final disciplinary due to time off ) they have been horrible to me so I'm now off sick again could I put in for esa before they sack me?

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gilford profile image
gilford
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7 Replies
Eboracum profile image
Eboracum

Sorry to hear that! Maybe get in touch with cab

I dont think you can claim ESA yet,also i didnt think you could be sacked whilst off sick..but Im no expert, Eboracum has the right advice.x

Janet28 profile image
Janet28

Hi gilford im so sorry you are being made to feel this way because you are unwell. Its really not on & they should not be sacking you for being ill.

There are laws in place that help people with any disability and they should be accommodating you, unless you knew you were going to have to stand for 7 hrs. & took the job knowing you wouldn't be able to do that. If you can do your job sitting down, they should be allowing you to sit down. It's against the law, it would be a good idea for you to call the Citizen's Advice Bureau & get some professional advice my friend.

This will give you more information on what you can be fired for.

google.co.uk/url?sa=t&sourc...

Luv Jan xx

rosewine profile image
rosewine

Unfortunately I think you have got to the stage where you need some in depth advice. If you have a Citizens Advice near you make an appointment asap. Good luck with it all.x

bluebell99 profile image
bluebell99

That is terrible news, poor you.

You can contact ACAS to see if you can claim constructive dismissal or still keep your job with adaptations. There are procedures to follow which your union and your employer should be aware of.

acas.org.uk/index.aspx?arti...

You can find more information about ESA here.

gov.uk/employment-support-a...

Hope this helps.

Kay

Shibby89 profile image
Shibby89

Hi gilford I would go down an ask also I think u should contact a solicitor an explain ur situation as isn't that discrimination. I'm sorry ur feelin so unwell and I don't think what ur boss is doin is fair, how are u suppose to stand for 7hr when me personally can't stand for 10 min love shibby xx

Midori profile image
Midori

There are hoops your employer has to jump through before he can sack you, he should have attempted to make reasonable adjustments so you could continue to work. ACAS is one thing you should try, also if you have a Union, they can often help, as can CAB. Under no circumstances leave of your own free will, or you will be unable to claim JSA for a certain number of weeks. Have you asked about Medical Retirement? that is another avenue to explore. If your employer just sacks you he could be in big trouble under Employment Law.

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