What to do when employer keeps you on the payroll, but you can't work?

[trip77]

Hi all.

Before I start I will let ye know that this might be a long read, so if yer up to it then read on.

I have been employed since 2013 and for the last 3 years I have been off work with fibromyalgia, chronic fatigue syndrome, osteoarthritis in hips and spine plus other ailments, and I have been in constant contact with my employer at every stage of my investigations/ diagnosis, giving them all the appointment/ treatment dates.

I have told them that the job I did before, I was a machine press setter/technician which involved sliding half tonne to 2 tonne tools onto the machine beds by hand, and lifting 100kg+ pressure rings onto tools as well as doing repairs and forklift truck driving for a total 47.5 hours/wk, was going to be a no-no for me now and asked for them to either try and find me another position within the company doing light work like an office role, or try to come up with reasonable adjustments to my job, to which they said there was no positions available and they couldn't make any adjustments to the machine setting as it was already the best they could do without spending thousands on automatic machines etc.

So, since then I have been off on the sick and they have been sending me a wage slip with zero pay and tax etc on it every Friday.

I have had meetings to discuss the situation and have told them that there was no chance of me going back to my job doing the same thing now, and they have told me they have no work for me elsewhere, so my question is, what do I do going forward from here?

They have had my doctor and consultant tell them I can't do the work anymore, that I will have this probably for life now and yet they still haven't gotten rid of me. The other problem is, is that my partner and her parents have all said that I shouldn't jack it in myself and to wait for them to get rid of me and pay me out as in redundancy or wat have ye. They still keep me on the books and for the life of me I don't know why.

Are they scared to sack me or make me redundant for fear that I'll take them for unfair dismissal, even though they could get rid of me on capability grounds, or are they waiting for me to give word that I am retiring on medical grounds? I don't know what I should do, cos if I tell them that I am finishing for medical reasons, my partner and her parents won't be happy and tell me that I shouldn't have done so.

Any help and advice would be gratefully appreciated.

[CheetieCat]

Obviously you're not currently a union member so I would suggest speaking to ACAS & CAS for advice before doing anything.

They should be able to advise you on your rights and any money you should have received for annual leave etc. while being off sick.

Hope all goes well for you!

[trip77 in reply to CheetieCat]

Thanks CheetieCat I will do what has been suggested then and wait to see what happens.

[Alb2]

CheetieCat has given sound advice. You could also try the Citizens Advice. I would hold off resigning for the reasons you mention and leave it to them to take action. If they are unable to make reasonable adjustments, perhaps it would be best to let them terminate your contract. Good luck😊

[Bluelabelle]

I’ve asked my mum (who knows about these things - she’s a management consultant - I don’t have a clue!) and she says she thinks your best bet is CAB or the disability advice service (we had help from the disability advice service before and they were fantastic so I highly recommend them too!) she also says the employer can stop paying if sick pay has run out, but they need to discuss the way forward with you instead of just leaving things like this. They won’t make you redundant unless there’s a reduction of work and they need fewer workers but if they give you notice you should get notice pay for a number of weeks, depending on statutory notice pay (12 weeks for 13 years of continuous employment) or your contract if that’s more generous. So don’t resign, there’s this link which should help explain. acas.org.uk/final-pay-when-... she says if it were her as the employer she’d spend a period of time (the same time as the notice period) looking for alternative work, because a vacancy could come up. But after that it’d be a dismissal process based on inability to work. ACAS could be helpful if they’re not fulfilling your contract. I really hope that’s helpful!

[trip77 in reply to Bluelabelle]

Thanks Bluelabelle that is really great advice. It just feels like ye can't move on until something gets done about it all 🙂.

[Bluelabelle in reply to trip77]

I read your reply to Farmerboy and asked mum again. She says it’s good you’re contacting them regularly. She suggests you summarise your efforts to contact them - making a list and write to work with the details saying you intend to go to ACAS (who have a free service to arbitrate between employers and employees) because they haven’t been in touch to answer any of your questions. And to tell them they are frustrating the contract, which might spark some action.

[Midori in reply to trip77]

There is another reason not to quit; You would almost certainly be barred from unemployment or other benefits as the DWP will say you made yourself intentionally jobless.

Can I suggest you try for PIP? If your doctor says you can't do this work any more, then he should be getting you seen by Specialists in order to get a formal diagnosis you can put before the DWP. Have you asked HR for a referral to Occupational Heath? While you are still on the books you have that right. They may suggest medical retirement to you. Keep going with ACAS and anyone else who can help, Disability Advice or Turn 2 Us may be able to help and advise as well.

[Fra22-57]

I think if if you resigned you would have to wait a lot longer for benefits.You could ask if they are willing to offer early redundancy.But I would seek professional advice first

[sueshepy]

Are you in any kind of pension scheme if so read up the rules and tell them you wish to retire on ill health grounds.

[Farmerboy]

Hello trip77, when I had my employment terminated due to my inability to return to work or any work place adjustments could of been made, my sick pa of 6 months had finished my employer snd I meet to discuss my situation. It was about 6 months after i had hoped to be back at work (farming) it was decided that as no adjustments could be made and I was now unable to drive the tractors on the roads due to driving licence having to be amended as I than had been diagnosed with a notifiable illness to inform DVLA. I was paid 4 weeks holiday plus a minimum severance payment. I was treated fairly as I expected having worked there for 40 years or so. Take the advice suggested but on no account resign let the employer terminate your employment due to your inability to return to work and no other work adjustments are available.

[trip77 in reply to Farmerboy]

Thank you for that. It gives me an idea of what I could expect. Just wish they'd sort it as its been 3 years n nothing from them for the last 12 months, even though I ask them what is happening every 8 weeks when I send my fitnotes in to them

[SouthernbelleUK]

Do you have a pension ? if so ask for ill health retirement