Yesterday he signed me off for a week for work related stress as my health had deteriorated. Dismissing staff due to sickness is dependent on their capability. He is therefore not entitled to be paid. These are not simply the formal policies contained within your contract or handbook, but all other arrangements and practices that exist within the workplace. 12 November 2014, Is your practice prepared for bad weather? Kind Regards Would you like to be notified when somebody replies to your comment? The company did not contact me to discuss either my diagnosis or possible return to work. However, employers are often afraid to approach issues of ill-health pro-actively, for fear of falling foul of disability discrimination legislation and having to undertake lengthy 'risk-assessment' procedures and pay for expensive medical examinations. Whether you tell them is up to you. By Emma Gunn for Thisismoney.co.uk. A. A failure to comply with the duty to make reasonable adjustments is a form of discrimination. You don’t have to give your name. 2021 © All Rights Reserved. Talking openly to your employer about your health, or any other problems you are struggling to deal with, is difficult but essential to getting you the support you need to remain in work. The long-term substantial effects must have an adverse effect on normal day-to-day activities. Please be aware, your employment can be terminated on ill health grounds prior to any application/decision about IHR. My employer put me on what is known as "Capability Procedure" I saw my boys only four days out of each month and eventually ended up in a bad state. They may try to offer part time work but that will effect your pension. He is clear that my intenion was to battle through - and presecribed ADs and counselling on the 2nd visit 6 weeks ago. Any advice would be fantastic, thank you. Steps generally include: Complete a copy of the ill health retirement application form from your pension scheme. It depends on your situation. The comparator must have abilities that are materially the same to yours. Due to my illness, my employer (a local authority) is retiring me due to my ill health. Redundancy. Am i entitled to any redundancy money ? The process is normally instigated by the employer when an employee has been absent for a long period, or periods, due to ill health and is unlikely to return to work. He is dismissed for ill health and his entitlement to all sick pay has been used up. If an employer fails to adhere to the provisions of the law prohibiting him from dismissing the employee on the basis of health concerns, then the employee has recourse. It’s a common thought that Employers are expected to keep a sick employee’s job open indefinitely, however this is not the case - although it is necessary to follow a fair procedure to manage a long term absence situation. Instead, they might want to say, “You can take an unpaid leave of absence if you don’t want to work” Managing worker fears and concerns is a big part of this. Tracy. It has been over a month and the doctors are still trying to figure out what is wrong with me. Paid off through ill health - employer feels I am no longer able to fulfil my duties - can I claim on critical illness? Without knowing more about your stress and anxiety, I would be unable to advise on whether this would amount to a disability. Thanks for your input. I provided information about medical appointments & about treatment; I attended Occupational Health; I had even told my employer about my health problems during my initial interview! A Provision, Criterion or Practice (PCP) has a broad definition. Considering the availability of alternative employment. The Chartered Institute for Personnel and Development, which represents HR professionals, told the BBC that there is no one-size-fits-all answer. His statutory notice is 12 weeks (the maximum), so his contractual notice at 3 months is 1 week more than this. I’ve just been awarded PIP, to be reviewed in a year. Hi I've just been told that my employer wishes to pay me off on ill health grounds due to me having a number of absences over the last year. Best wishes . Some employers have their own sick pay scheme instead. > Employment Law FAQs Landau Law is a trading name of Landau Law Limited (Company No: 08876494) and regulated by the Solicitors Regulation Authority (Registered No: 611950)Designed by WHOLEGRAIN DigitalPlease be aware that this site uses cookies for Google Analytics and social media.© Landau Law Limited. Another form of discrimination is direct discrimination. Even where one of the potentially fair reason for dismissal applies, whether a dismissal is fair will depend on the reasonableness of the employer’s decision in the particular circumstances and the procedure followed. Basically they paid me off. Don't contest the decision to retire you on ill health grounds. And, the cost of providing accommodation would have to greatly affect the viability of the organization to be considered undue hardship. I am with Health in Mind. No. Resources for employers . Do you think that I would succeed in claiming ‘constructive dismissal’ if they decline my request and I resign? Hi I've just been told that my employer wishes to pay me off on ill health grounds due to me having a number of absences over the last year. I've been through what you're going through. I attempted to pursue compensation, but following a medical examination arranged by the company's insurers, my lawyer's lack of confidence led me to drop the claim. I had a spinal cord injury a two or three days into the permanent contract. Retiring someone on the grounds of ill-health is not a process recognised under Employment legislation; it is wording that is often referred to in employer’s pension schemes, whereby employees can receive an ill health retirement pension prior to the age when their company pension could normally be drawn. This occurs where you are treated unfavourably because of something arising in consequence of your disability (for example, absence due to sickness) and your employer cannot show that the treatment is a proportionate means of achieving a legitimate aim. In addition to a claim for unfair dismissal, you may have a claim under health and safety legislation. Can my boss force me to go to work? In conjunction with medical guidance, formally review the role and the individual’s capability and decide whether adjustments can be made (this includes contract adjustments) and consider whether there is another job available in the practice which the staff member could do. The leading case on fairness in ill-health dismissals has made clear that the employer should establish the true medical position and consult with the employee before deciding whether to dismiss. I fear that my employer won’t budge, citing needs of the business etc. Firstly, if you are sacked for being ill, your employer has breached employment law and can be taken to an Industrial Tribunal for unfair dismissal. Ensure the absence has been dealt with in accordance with your published absence/capability policy or procedure. Having said all that it is actually quite common for employers to terminate through ill health with a compromise agreement package that is similar to a redundancy payment. The short answer is yes. EI is not ideal because … So, they TOOK ME ON KNOWING I HAD A HEALTH CONDITION - THEN WENT BACK ON THEIR WORD!! Paid off through ill health - employer feels I am no longer able to fulfil my duties - can I claim on critical illness? The aggrieved employee may file a complaint with the Equal Employment Opportunities Commission or institute a suit in court depending on the reason identified for the dismissal or where no reason is given. I look forward to hearing from you with any assistance It refers to all rules and conditions that form part of your employment. Where the employer provides an ill-health retirement or similar benefit, it should also take reasonable steps to ascertain whether an employee on long-term sick leave is entitled to that benefit. A reason falls within the definition of capability if it relates to the capability or qualifications of the employee for performing work of the kind which he was employed to do. 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