Urgent Advice Please

[london runner]

Hi everyone

 

Not sure if this is the right place to put this but here goes.

 

My husband had an industrial injury last year and had to have surgery. A week later he suffered a heart attack and had as quadruple bypass. He has been off sick for over a year. During this time he has had various medicals by his company's occupation health and they agreed all the time with the heart surgeon. They all said that he would be covered under DDA.

 

He is being paid 50% of his wages by a group insurance policy by his company.

 

His heart surgeon and GP have now said he is fit to return to work but on lighter duties than he was before. The GP has given him a fit for work certificate on lighter duties and he should go back tomorrow. He works nights by the way.

 

Now the problem - his company have asked him to go to a back to work meeting at noon tomorrow and have said in the letter requesting this meeting that he would not be able to return to work until OC have carried out another private medical. So without a medical certificate for his company to pass onto their group insurance (and we know what insurance companies are like) he is at risk of not being paid. Also why (if the company can get around this problem) should he only be paid 50% of his wages when if he returned to work he would receive a full wage. He made the company aware that he would be returning to work soon a couple of months ago and they have done nothing in the way of an OC assessment or lighter duties.

 

Also I found a bit on other web pages about medical suspension does anyone know if he may be elegible for that as it is not his fault that the company are not letting him work but could possibly be penalising him with respect to his wages.

 

Your help in this would be great.

[honeybee13]

Hello. I wouldn't be unduly concerned about this, they do seem to be considering your OH's welfar. What is OC please?

 

Is there a reason why his GP can't do another certificate for the insurers for now? Under the new fit notes, a GP can suggest suitable adjustments. Or ask HR to ask the insurer how to go about this.

 

Regarding rates of pay, some insurance policies make up the difference between what someone is earning and what they would have earned if they hadn't become ill. It depends on the policy wording.

 

I haven't heard about medical suspension, where did you find that?

 

HB

[london runner]

Hello. I wouldn't be unduly concerned about this, they do seem to be considering your OH's welfar. What is OC please?

 

Is there a reason why his GP can't do another certificate for the insurers for now? Under the new fit notes, a GP can suggest suitable adjustments. Or ask HR to ask the insurer how to go about this.

 

Regarding rates of pay, some insurance policies make up the difference between what someone is earning and what they would have earned if they hadn't become ill. It depends on the policy wording.

 

I haven't heard about medical suspension, where did you find that?

 

HB

 

Thanks HoneyBee. OC should have bee OH - Occupational Health.

 

We already asked the GP if he would issue another unfit for work certificate when we found out that the company would not let him return to work until their assessment was carried out by OH. He said that he could not give a fit for work one day and then issue a not fit for work a few days later as this would not be correct as he would be issuing this certificate in order for the company's benefit and not the patients.

 

Medical Suspension - I just put a search into google (GP said fit for work company wont let me) type of thing and came up with a few sites for this. It is mainly for people working with chemicals or pregnant ladies.

 

My husband has left now to attend the meeting with HR so we are now in their hands on the outcome. Just seems very unfair that he should be penalised by 50% of his wages as it is the company who will not let him back to work.

 

Thanks for your response and will let you know the outcome later today.

[honeybee13]

Fingers crossed then. Don't be intimidated by HR or OH. You're entitled to ask questions if you don't know what to do [and why should you know]. You couldn't deal directly with the insurer if you wanted to, because if you contact them they will refer you back to the employer.

 

Someone there must handle the insurance scheme/policy and I think they should be asking what needs to be done.

 

I look forward to hearing how it went.

 

HB x

[london runner]

Hi

 

Just a quick update my husband attended the meeting with HR and Manager today and they have agreed to pay him full money until they can arrange for OH to carry out a medical assessment. HR said it may take a few weeks for this to happen and until then he stays at home but on full pay. So big relief as it has been very hard to make ends meet on half pay.

 

Thanks for your support.

[honeybee13]

That's great news LR. Please keep us posted when you have news.

 

HB x

[london runner]

Hi All

 

It's me back again. Hubby and I went for an independant OH assessment yesterday with AVIVA arranged by the company. DR's finding were that he could not possibly do his job. He is an escalator engineer (works on the london underground stations) which involves heavy lifting, dirty confined spaces etc. He is covered under DDA and the type of work he does could not be modified to accommodate his health needs. DR has written in her report (a copy of which we have) that if possible redeployment to a non physical position would be required. The company have already looked at this possibility and came up with nothing. Alternatively pension off on medical grounds. Hubby is 63 and has a company pension and can take this now. He has worked for this company for 32years.

 

Can anyone tell us if the company have to offer him so many months salary, continue paying into his company pension or anything else we can negotiate on. We have seen a financial advisor who has calculated his pension pot (so to speak) and due to his illness he receives an enhanced monthly amount. This is due not only to the heart problem but he also has an auto immune illness called Wegners Granulomatosis (not sure if I spelt that correct). This illness he has had since mid 1970's and he has had several major operations as it eats the tissues in the nose and eye area. He wears 2 hearing aids due to the illness. This illness if it goes to the lungs is life threatening and he is under a london hospital for this condition and sees his specialist regularly. So he really is a bit of a medical disaster. Forgot to mention his company are aware of this condition.

 

I look forward to hearing from anyone who can give us any kind of information.

[honeybee13]

Hello, I think I can answer your question, but I need until tomorrow, if that's OK. My first reaction is that it doesn't look too bad for you.

 

HB

[london runner]

Hello, I think I can answer your question, but I need until tomorrow, if that's OK. My first reaction is that it doesn't look too bad for you.

 

HB

 

 

Arrrh thanks HB I await your advice. I just knew you'd be along soon (no pun intended)

[honeybee13]

Hi All

 

Alternatively pension off on medical grounds. Hubby is 63 and has a company pension and can take this now. He has worked for this company for 32years.

 

I imagine London Underground have a Final Salary pension scheme. I would usually expect some enhancement of the pension if your OH is ill. It varies from scheme to scheme, have you got the member's booklet for the scheme?

 

Can anyone tell us if the company have to offer him so many months salary, continue paying into his company pension or anything else we can negotiate on. We have seen a financial advisor who has calculated his pension pot (so to speak) and due to his illness he receives an enhanced monthly amount.

 

I think you can be made redundant and claim an early pension, you'd need to double-check the scheme rules to make sure the same applies to an early pension. Is that what you mean by so many months' salary?

 

Other caggers may have suggestions other than this.

 

I don't understand what you mean about the pension and the company paying in. If he claims it, then they will stop paying in, but if the pension is enhanced that may take account of that. Please tell me a bit more if that isn't what you're asking.

I look forward to hearing from anyone who can give us any kind of information.

 

I hope that sets you on the right track at least. Let us know your supplementary questions please.

 

HB x

[honeybee13]

Just another thought. Do London Underground have many pension schemes? Looking online, I see there was a change in 2000 or 2002, I forget now.

 

Later on, it may be helpful to know the name of the scheme. But I think at this stage, a copy of the members' booklet would be very useful for you [and possibly me].

 

My best, HB x

[london runner]

Originally Posted by london runner

Hi All

 

Alternatively pension off on medical grounds. Hubby is 63 and has a company pension and can take this now. He has worked for this company for 32years.

 

I imagine London Underground have a Final Salary pension scheme. I would usually expect some enhancement of the pension if your OH is ill. It varies from scheme to scheme, have you got the member's booklet for the scheme?

 

Can anyone tell us if the company have to offer him so many months salary, continue paying into his company pension or anything else we can negotiate on. We have seen a financial advisor who has calculated his pension pot (so to speak) and due to his illness he receives an enhanced monthly amount.

 

I think you can be made redundant and claim an early pension, you'd need to double-check the scheme rules to make sure the same applies to an early pension. Is that what you mean by so many months' salary?

 

Other caggers may have suggestions other than this.

 

I don't understand what you mean about the pension and the company paying in. If he claims it, then they will stop paying in, but if the pension is enhanced that may take account of that. Please tell me a bit more if that isn't what you're asking.

I look forward to hearing from anyone who can give us any kind of information.

Hi HB

Thanks for your replies. I think I did not make it clear so you misinterpreted me.

Hubby does not work for London Underground he works for a company that has the contracts renewing and servicing the escalators in LU stations.

He is not on a final salary as the company has been taken over about 3 times and at some point quite a few years ago the employees were moved out of a final salary pension scheme. Shame but to late to do anything about it now.

He can take his pension early and our financial adviser has already dealt with this now so we know the 25% tax free lump sum he can have and the monthly pension payment figures. He has been working on this for quite a few months to get hubby the best deal and due to his illnessess he can have an enhanced monthly payment.

FA answered the question about the company making further payments into his pension scheme and I think I was getting very muddled. What I was asking was if hubby takes his pension and tax free lump sum now do the company still pay into his pension scheme until he is 65. Silly question as of course the company would not as he has taken his pension.

Don't think the company would go down the route of redundancy with him as that may leave them open to an unfair dismisal claim. He obviously has a lot of medical evidence to back him up on that.

We think the company will go for an early retirement for medical reasons.

If they go down that route my big question is (taking aside the pension part which we have sorted now) do they and can we negotiate any form of payment in lieu of notice in the same way that people who are made redundant do. i.e. so many weeks/months pay for however many years service. He would have worked until 65 so by being retired on medical grounds he loses 2 years salary is this a negotiating point.

Hopefully I have made it a bit clearer now (sorry but I am absolutely useless at explaining anything).

One last comment this is an international company and hubby has given 32 years of very loyal service so we really feel they owe him some form of payment for that alone. Others may disagree but in todays economic climate every penny has to count.

Look forward to hearing from you or anyone else who can give any advice.

[honeybee13]

Originally Posted by london runner

Hi All

Hi HB

 

Thanks for your replies. I think I did not make it clear so you misinterpreted me.

 

Hubby does not work for London Underground he works for a company that has the contracts renewing and servicing the escalators in LU stations.

 

Right, understood.

 

He is not on a final salary as the company has been taken over about 3 times and at some point quite a few years ago the employees were moved out of a final salary pension scheme. Shame but to late to do anything about it now.

 

Are you sure the money was moved out of the scheme? Sometimes a new pension scheme is started, but the pensions 'earned' up to the changeover date remain in the old scheme. Lots of people are entitled to two pensions from different schemes, even from the same employer.

 

He can take his pension early and our financial adviser has already dealt with this now so we know the 25% tax free lump sum he can have and the monthly pension payment figures. He has been working on this for quite a few months to get hubby the best deal and due to his illnessess he can have an enhanced monthly payment.

 

So you have that in writing from the company, yes?

 

FA answered the question about the company making further payments into his pension scheme and I think I was getting very muddled. What I was asking was if hubby takes his pension and tax free lump sum now do the company still pay into his pension scheme until he is 65. Silly question as of course the company would not as he has taken his pension.

 

.

 

Don't think the company would go down the route of redundancy with him as that may leave them open to an unfair dismisal claim. He obviously has a lot of medical evidence to back him up on that.

 

We think the company will go for an early retirement for medical reasons.

 

If they go down that route my big question is (taking aside the pension part which we have sorted now) do they and can we negotiate any form of payment in lieu of notice in the same way that people who are made redundant do. i.e. so many weeks/months pay for however many years service. He would have worked until 65 so by being retired on medical grounds he loses 2 years salary is this a negotiating point.

 

Is there any clue on this in his contract of employment? What you're describing sounds rather like redundancy. Unless you're looking at grievance or tribunal matters.

 

I'll have a look around the interweb, but at this stage could do with any info you have in the employment contract that could shed any light on what your OH could normally expect on ill-health retirement.

Hopefully I have made it a bit clearer now (sorry but I am absolutely useless at explaining anything).

 

One last comment this is an international company and hubby has given 32 years of very loyal service so we really feel they owe him some form of payment for that alone. Others may disagree but in todays economic climate every penny has to count.

 

Look forward to hearing from you or anyone else who can give any advice.

 

 

HB x

[honeybee13]

Just a thought. The pension that your OH is going to receive. Is it 'enhanced'/increased by the compay's scheme because he's in ill-health please? I'm not asking you to tell me the figures, just whether this has been mentioned.

 

And is your advisor an independent one please and with what specialities?

 

HB x

[honeybee13]

One final thought, employment law guys. I don't think I've come across a pension scheme that pays anything more than a cash lump sum and a pension in the case of ill-health retirement. I just checked with our friend who deals with this type of scheme and he agrees with me.

 

If any other compensation is available, it will need to be from the company. I don't know if any State benefits apply otherwise.

 

HB