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ESA and DISMISSAL

Posted , 3 users are following.

jayne03174
jayne03174

Hi ive had alot of help from other discussions, i wonder if anyone can help with the following concern:

In November 2014 i was so badly bullied and humiliated at work that ie been signed of with P T S D depression and anxiety ever since. Ive been awarded P I P  and contribution based ESA but havent had an assessment. I got a letter from my boss on friday telling me that as from 3rd november i will no longer be on the payrol and 1/2 pay ends but ive been offered 12 weeks pay and dismissal on the grounds of ill health. what i really want to know is: can i be dismissed in this way, what happens to my ESA and if i take ill health dismissal can i work again when i get better, (if i do). has anybody been through anything like this and can anyone answer my concerns,

many thanks gentle hugs to you all.

2 likes, 3 replies

3 Replies

  • anthony97723
    anthony97723 jayne03174

    Posted

    Hi Jayne

    If your employer has followed the correct procedure then yes you can be dismissed on the grounds of ill health. You need to check the Terms and Conditions in your Contract of Employment, but it sounds to me that you had some entitlement to sick pay at half-rate for 12 months which is now exhausting.

    It is your decision if you wish to take up their offer but you have the right to further information before committing.

    The first £85 of ESA is protected because you have Contribution Based benefit.

    As you have not had your Work Capability Assessment (WCA) yet we don't know if you will be placed in the Work Related Activity Group or Support Group. This is important because this determines if your ESA is time limited or not. WRAG has CB ESA for 1 year only and then it reverts to Income Related, the SG ESA is not time limited for as long as you remain in the SG.

    Income Related ESA means any other income you receive will be deducted £1 for £1 from your benefit. Also capital savings come into play with any savings over £6000 causing a reduction in benefit where it doesn’t in the SG. You can take a job at anytime whilst claiming ESA; believe me the DWP won’t mind!

    If you require further advice on your employment status and procedure your employer has to follow then call ACAS (I would recommend this) as for the affect on your benefit pop into your local CAB or fill out the benefit calculator at the Turn2Us website.

  • tracy50607
    tracy50607 jayne03174

    Posted

    Were I work if your of work due to sickness you get a high score how long you have been off work for then . They can.   If your doctor signed you off work being depressed might be able to claim benifits. Or try CAB for help.have fact sheet on internet already been looking round for myself..
  • tracy50607
    tracy50607 jayne03174

    Posted

    If you need a chat I am going though work nightmare at the moment I have ill health.  had a verbal . For nothing really upset me hate feeling like this now. so confussing dont deserve any of this. partner will go mentle and walk out on me if i dont work horribe.. whatever happened sickness and in health married.   better on your own sometimes. no one should have to go though this.
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