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Posted: Thu Jan 20, 2011 11:24 am
by s-star2009
Hi,

I dont know if anyone has any advice, but im in an IVA and considering walking out my job. I have an ongoing illness which has made me have to take a lot of time off, and i have now walked into work today with a letter placed on my desk about a 2nd disciplinary. I feel like they are against me, and its just a horrible cycle im stuck in. I know the employment rate is bad at th moment, so im worried i wnt find somethin straight away. But ive become so down, i feel like i cant do this anymore....

does anyone know what my options are and what would happen to my IVA. ?

would be grateful so some advice.

Sstar

Posted: Thu Jan 20, 2011 11:55 am
by kallis3
Hi,

So sorry to hear about your problems both health and workwise.

How long have you been in your IVA? Do you have a home which could be at risk if you went bankrupt?

Posted: Thu Jan 20, 2011 12:05 pm
by s-star2009
Hi ,

it will be 2 years in May. I still live at home.

I just cant face going bankrupt and the iva has been goin well, i think it would be a shame to have to take that route. Im confident i could find work, but then i know i got to look at if i dont....

I just dont know what to do..[V]

Posted: Thu Jan 20, 2011 12:23 pm
by Michael Peoples
Try not to walk away if you feel threatened by your bosses. If they are holding a second disciplinary hearing because of your illness they may offer you a way out. Some employers will offer a pay off for you to go which you could use as a full and final settlement.

Posted: Thu Jan 20, 2011 12:30 pm
by kallis3
If you are in a union, I would get them involved in this.

Posted: Thu Jan 20, 2011 6:28 pm
by s-star2009
Hey guys, thanks for your reply.

Am not part of a union, so cant go down that route...

My job is a horrible dead end job which also isnt helping - they will not offer me a way out, they seem to not even be taking into consideration the fact i have an ongoing illness anymore. Even though i have provided them with doctors letters, neurology appointment letters, and basically the fact that i AM trying to get to the bottom of all this.
I definately dont earn enough for them offer a full and final settlement.

ITs stressed me out so much, which is triggering the illness - so im in a lose lose situation... [V]

Posted: Thu Jan 20, 2011 6:33 pm
by kallis3
I hope you can get this sorted. Julie, one of our experts works for HR and hopefully will be on later and pick up on this and give some better advice.

It would be a shame if your IVA were to fail, but BR isn't as bad as it used to be and is worth considering if all else fails.

Posted: Thu Jan 20, 2011 6:36 pm
by James Falla
Hi s-star

I assume that you have been working for your employer for over a year and as such it is not easy for them to just get rid of you. I know it sounds bad but as Michael says, if you mention taking legal advice, you might be able to get some kind of financial settlement from them in order to leave.

This may not be enough to settle your IVA but it would give you some funds to tied you over while you look for another job.

In terms of your IVA, if you explain the situation to your IP, they may give you a payment holiday to help while you look for a new position.

Posted: Thu Jan 20, 2011 9:11 pm
by Broke of London
Hi - you are in a horrible situation and I can empathise with you. You can't just walk from your job though...apart from jeopardising your iva it will look bad on your CV. You need to start looking for a new job straight away so you can get out of there and into a more satisfying job. I left my situation and only have a five week gap on my CV (I was very lucky) yet it has been mentioned in every interview since. I know what it's like to go home crying every night and wake up feeling sick so I'm not saying this lightly. Disciplinary and capability are the two main ways employers get rid of people and cases can be easily fabricated - a heated disagreement becomes aggressive intimidation etc. Your best form of defence here is attack...if you feel your employer is discriminating against you and bullying you because of your medical condition, build the case. I even understand this as I have migraines (hospital treated) which my boss calked skiving!

Posted: Thu Jan 20, 2011 9:39 pm
by MelanieGiles
But they can just walk away from their job Broke - and I'm not sure you meant to be so forceful in your comment.

Unhappiness at work is rarely a good position for either employee or employer, so there must be some compromise if s-star feels they can no longer fact the job. I regularly interview people for jobs and have no problems with paymebt breaks of any description - I'm just looking for the best person I think I can fill the job at the end of the day.

Whilst it's always better to have a job before you look for another one, work-related stress should not be taken lightly and I agree that no-one should be bullied into submission.

Posted: Thu Jan 20, 2011 10:48 pm
by leaKybrain
I think I understand where BOL might have been coming from with this if you walk out of a job you won't be eligible to claim JSA straight away, however, if you are unhappy there is no reason why someone can't walk out. Its so difficult and I do understand. I actually stuck it out with my job for three years, and then the company made my boss redundant and I was so relieved.

My hubby's boss is being very pig headed about husbands ailment. Every time he has absence about the ailment and its within 3 months of the last time off he goes through another warning.

Posted: Thu Jan 20, 2011 10:48 pm
by s-star2009
Wow, thats was a lot of info left here, thanks guys..[:)]

Im really content with how my iva is goin, so just want to make sure thats ok..

I have seen other people try to threaten with legal action etc and they are very cocky in their responses to that. If i go down that route, believe me, they will just tell me to go for it.
I have only been there 2 years, i would get hardly nothing :(

"broke of london" i see where your coming from, ive been brought up in a way where iv been told to always make sure i have a job before leaving the current one. If it wasnt for the iva i probably would ahve walked, but its important for me to keep that going realy..
Im going to see how the disciplinary goes, and then take things from there. You mentioned using Attack as a form of defence - thing is, i actually am feeling like im being discriminated agaisnt and almost as if im lying about the whole thing. so tomorrow i will be raising this.

Melanie, thanks for your post, its good to know in general that there are people that do look at the bigger picture when looking for a new employee.

In my last disciplinary, i was given a verbal warning with a review in 6 months - this was 3 months ago. surely, another disciplinary in 3 months is not right? if they said they will review the case in 6? can anyone shed any light on this?

Thanks again guys...

Posted: Thu Jan 20, 2011 11:01 pm
by D&G
I would not be bullied into walking away from the job. If they want to get rid of you. Then let them finish you, it would have to be on the grounds that you are no longer fit enough for the job. Then at least you would have a case for getting incapacity benefit (or whatever it goes by these days). Which would be more than JSA and would pay out quicker. While you looked for another job. You would also have a case for a payment break from your IVA while you found a new job. Rule of thumb it is verbal, then a written warning. Brace yourself for that, because that is what i think will happen.

Posted: Thu Jan 20, 2011 11:11 pm
by s-star2009
Have already had the verbal, this will result in the written...

and on top of that, i get home from work and my neurology appoiontment has been pushed frm feb to march, which means more sickness and havin to wait another month to be seen ---im very much in a lose lose situation right now.............
Just hoping i find a job quicker than they have a chance to pull any stunts........

Posted: Fri Jan 21, 2011 12:03 am
by D&G
I know how you feel S-star. I have been seriously ill for months. I am under the neurologist. Took 4 months to get my first appointment with them. This was suppose to be an urgent one due to me having a seizure. Spent the full 4 months, in agony unable to get up apart from doing the essentials. I can count on my hands, how many times i have been out of my house in the last 10 months. I have finally got another appointment for February, only after my doctor got onto them. I am under a cardiologist, which i finally see soon, this was after a 24hr monitor test 5 months ago. Still no diagnosis in sight and no treatment to help, because will not treat without a diagnosis. In the meantime i spend 80% of my life laid down. 60% of my life feeling like i am dying, and 20% wishing i would. People say i do not know how you cope. For me i have to for my beautiful children.
Then i have all the stress of this going on. But i hope that soon we will be in the IVA, and start moving forward.
I hate any kind of bullying, it is one of my pet hates. I class what is happening to you as bullying in the workplace. I was a manager for many years and would never treat any of my staff this way.
I hope you feel better soon and i hope you find another job soon that makes you happy. Take care x x