Possible sacking on medical grounds

[mattyn1]

Mrs has suffered quite a bit in the last 12 months with ill health, and while her employer has been rather considerate, she has been summoned to a stage 3 capability meeting late next week. She feels she is going to be sacked at this meeting.
Illnesses have been possibly related but unconfirmed - at best she has been unlucky and suffered with a number of illnesses.

Now fortunately she has just been offered another job that is about to go to References. She attended the interview process during her legitimate time off, not while off sick. She is in a bit of a quandary as to handle this meeting. Does she resign prior to this meeting or does she wait to be sacked.

I think it comes down to two things. One, what happens financially with either option.....being brutally honest she wants to be as better off financially as possible so which is generally the best option?
Two, which is the best option should the new job fall over - there is no indication it will other than a spanner in the works with references but I am trying to be careful "just in case".

I think I have the essentials down ... my thoughts are for her to resign, maybe negotiate her notice etc, and leave on her terms. However I am far from an expert in these matters.

So I would appreciate your thoughts.

[mattyn1]

Thank you, and sort of how I see it. That conversation is happening in the morning. We will see how that goes, but she is triggering it with a general email first thing tomorrow.
Is it a standard "negotiation" then?

[mattyn1]

Jasandjules said:

Is it just generally being unwell or is there a chance of a disability?

Do you just need to buy time?

A lot of illness .... no disability I would suggest!
Pnuemonia, kidney infections and now probably gall bladder out! Been a st twelve months!!

[mattyn1]

All good points and sort of confirm how we have been thinking. The without prejudice interview has been requested and acknowledged by her boss.

[mattyn1]

We will see on Monday - she has a telephone meeting.

[mattyn1]

Jasandjules said:

Gross Misconduct is a violation of a fundamental term of the contract of employment breaking it. That means no redundancy pay, no notice etc as you are in breach and are not entitled to enforcement of any of those terms.

In your shoes OP I would ask for a Without Prejudice meeting and say she will resign but would like an enhanced reference..... It is better to resign than to be sacked.

This is the plan, and sits nicely with us. Well her, as she is having that meeting tomorrow, over the phone. I think there might be a final face to face on Friday, but I/we are assuming that will be to close it all off.