Employee rights with under two years service

[solo2]

I'll start off by saying I have nothing against my employer, they have been great considering the situation I find myself in.

I think due to a sick child who is constantly in and out of hospital I might have to give up working I really don't want to but looks like my hand is being forced. I'm just not able to tell my employer if I'm going to be there all day or not. I'm called away at a moments notice and have used up all my annual leave to fulfil various doctors appointments and sudden departures etc.

I've been with the company under two years so what are my rights? Can the company just say it didn't work out and terminate my employment? Can they effectively sack me without me being able to have any come back legally on them? I don't want to resign as I really would need to claim on my mortgage protection insurance in order to short term keep a roof over that child's and their siblings head until such time that I can commit to employment again.

Whilst I detest claiming and living on benefits I think I'm running out of choices and I'm sure I once read that if you resign from a job you cannot claim, so I really do need my employer to terminate my employment in that case rather than me terminate it.

Can that be done, I've not interest in taking them for unfair dismissal as I really would like to leave the door open to return to them in the future where possible and apart from being called away they have no gripes with me.

I hope you all get what I mean, the head is mush these days as I'm being emotionally pulled all over the place

[halo34]

Most insurances will have clauses that will not pay out in the case of dismissal.

You therefore need to check policy wording carefully and try and "agree" something with the employer in line with that.

This isn't gospel, but its worth checking.

[anothernameitist]

For information:

https://www.gov.uk/time-off-for-dependants/your-ri...

It depends on how your employer values you too.

good luck

[Gargamel]

Sorry to hear of your troubles, I hope your child is OK, and that the treatment is effective. Work can feel verys econd place compared to an unwell child, so it isn't surprising you are thinking you can't cope.

I would advise you to speak to your employer, ask them what they are thinking and say you have been trying to think of solutions options

Can the role be made more flexible, perhaps your contract could become say 20 hours a week which you fit in around.

Could you take a three month unpaid sabbatical and see where you are then ?

You could ask them to offer you a "compromise" agreement, which would be your contract is terminated, you are paid your notice and it could be constructed to meet your requirements to allow you to claim JSA. However you need to be actively looking for work to claim JSA, which may become a problem.

Personally I would say reducing your hours might be the right option - but of course only you can judge

Good Luck

[andy-xr]

Your daughter, right?

This mainly depends on what you want to do. I think you need to figure that out first. If you think 'I'd like to go to work' then there are jobs, maybe not this one, that can accommodate flexible working.

But from the sounds of it your current employers arent breaking your balls over it just yet. You might like to bring this up with them, so they know where you're at. If the end result is that they think it's better for you to part ways, then so be it. There'll be other options for you.

I doubt you'd qualify for Carers Allowance with the childs age, and if you did it's not very much anyway. See what the company think, sometimes laying it all out there without holding back helps managers see things for what they are. If they value you then I'm sure they'll be willing to be flexible with when and where you work. Unless you're a lollipop lady or work a machine on shifts, many things can still be done out of hours away from the office.

[solo2]

Gargamel said:

I would advise you to speak to your employer, ask them what they are thinking and say you have been trying to think of solutions options

Can the role be made more flexible, perhaps your contract could become say 20 hours a week which you fit in around.

Could you take a three month unpaid sabbatical and see where you are then ?

You could ask them to offer you a "compromise" agreement, which would be your contract is terminated, you are paid your notice and it could be constructed to meet your requirements to allow you to claim JSA. However you need to be actively looking for work to claim JSA, which may become a problem.

Personally I would say reducing your hours might be the right option - but of course only you can judge

Good Luck

I've spoken to them and they have been fully informed for the last few months. Unfortunately the job is such that reducing hours or flexibility is not possible. I either need to be there during normal working hours or not, and neither is a sabbatical possible. There has to be a person here doing this job as one pair of hands less is not a choice.

I guess I need to read my insurance policy over the coming days very carefully

[halo34]

Solo - I don't know the circumstances and posted a hasty reply - but as with others have the utmost sympathy, was just keen to highlight not to rush into a route until you have all the facts.

I do hope you find a way through!

[Davel]

I'm sure that you are going through hell right now.

I'd go and chat face to face with your employer. He / She presumably knows the situation, so see if you can work something out.

If they value your work, they might be able to help you somehow or work around your situation.

Legally, as it's not you who is ill, I'm not sure where you stand.

I really hope that it works out for you.

[TurricanII]

I'd chat with the employer and ask if the absence is having a major impact, and if you can handle any future absences as unpaid leave.

[Jasandjules]

What do you want to achieve OP?