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Question for employment specialists


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If a person has a terminal illness but is still working, not in co pension scheme but is getting to the stage where they are finding it harder and harder to work, could a company suggest a payoff of some sort, such as the amount of sick pay you would be entitled to in the year + prehaps a couple of months salary on top? If this was suggested by the employee could it be held against them?

I appreciate that you can go sick and just keep sending in sick notes until the company realise that you are not going to be able to return and start taking steps to dissmissal but I wouldnt like to go down this route.

I am not quite ready to stop working yet but just looking at what may happen in the future.

I would like to just mention that I cannot fault my employer and they were more than reasonable when I initially had to have more sick leave than I was entitled to while undergoing treatment after my initial diagnosis and paid me (at their discretion) full pay for at least 6 months more than I should have got, and have no intention of parting on bad terms in anyway (lifes too short)

Redundancy wouldnt enter the equation as they would have to employ someone else to do my job.

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I think the first step would be to speak to your employer honestly, tell them you are struggling and though you don't not want to leave, it may become an option for you.

 

Unfortunately I don't think that the employer has a "duty" to do this, but if your employer is as good as you say, its worth speaking about them. Obviously if you suggest something then the employer will attempt to negotiate with you and it will come down because of this.

 

I don't think they will pay salary for someone that isn't coming back, but you may be able to discuss a sick pay arrangement. But I would suggest you do not say anything about "going off sick" to get your sick benefits.

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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Hello there. I'm sorry you're having this problem and hope we can help.

 

You say you're not in the pension scheme but I'm wondering if there's an insurance policy that covers absence through sickness that might be linked to a scheme or just part of your package?

 

What type of pension scheme is it please? Final salary or another type.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Not a final salary, but i would need to look up more details. I opted not to join it as I would only have had about 10yrs contributions and although my employer would have made generous contributions the amount I would have had to put in to recieve even a modest income when I retired would have been quite high, and even on my generous salary would have been a big chunk, so opted to clear debts and then enjoy ourselves for a few years, which in hindsight I am pleased about. I do know that if I die while still employed my husband would recieve about 60k as that is part of my package, but as far as I know there is nothing in my contract except 3 months sick pay, those in the pension do get a further period of time at a reduced amount, so its tempting just to keep going and then let things take their slow course as its likely that I would die before I became unemployed.

 

I want to be honest with my employer although obviously they do know that i am Ill and I dont think they really expected me to return to work last year, but chemo has slowed down the spread of the cancer although it wont stop or cure it and although I love my job I would like a couple of months at home while I sitll have agood quality of life. its all about timing really, dont want to go too soon but dont want to hang on and then only spend my remaining time doing nothing because I am too ill.

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what about asking for a sabbatical?

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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Thats a thought although that would be unpaid I supppose.

I had thought about suggesting part time but that could affect my company car as only fulltime in my position get a car, also there is not anyone else really able to cover my area as the country is divided up into about 10 segments so we all have a big area to cover.

I think I am just in a bit of a quandry at the moment as I really dont want to stop working until I have too but not sure I want to "Die in service" so to speak.

Its a work/life balance thing but I want to keep things right with my employer so that if it happens to anyone else in the future their judgement wont be clouded by a bad experience with me.

At the same time I dont want to make any suggestions that could go against me. i was just thinking it could be more economical to offer me a payout of some sort to leave, rather than pay my salary, then sick leave if it comes to that, followed by me dropping dead while still employed and them having to pay my other half !!

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HB pension is just a stakeholder one not final salary and cant see anything that says they have any insurance cover to pay out anything else, will have to look a bit further into it.

If I have been of any help, please click on my star and let me know, thank you.

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Hello there.

 

My OH [pensions bore] works alongside HR people and knows a bit about this.

 

Could I ask please if you're in the public or private sector, in case it makes a difference?

 

OH says that at his company, someone who had run out of sick pay would still be on the payroll and would qualify for the lump sum of £60k that you mentioned.

 

While you're looking for an income protection or similar policy, check whether they have a critical illness plan. They may not, but it's worth a look.

 

HB x

Illegitimi non carborundum

 

 

 

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HR would be a good start, see what benefits you have, including private health, insurance, etc.

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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I do have private health insurance through the company, they pay for it, but when i checked it last year it dosnt cover any cash benefits, all medical bills etc are covered and I did use it initially to get a quick appointment for a biopsy but because of the type of policy it is, no cash if you are in an NHS hospital etc.

 

I know I looked into it last year when I didnt know my employer was going to keep paying my salary to see if there was anything in it about claiming financially but it didnt have anything in it.

 

Still dont want to say too much to HR at the moment as I really dont want to set a chain of events in motion until I am ready, my current thinking is that I may be able to work for a few more months but not much longer, but my worry is that I will think its time to stop work, leave and then find I am feeling ok but dont have the income to support my life style as i somehow dont thinkl anyone else would want to employ me now !!

If I have been of any help, please click on my star and let me know, thank you.

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Hello again AB.

 

My husband had another thought and this is just a throw away line that might be worth checking if the circumstances fit. He thinks there might be loans available for people with limited life expectancy, and I'm sorry to be so matter of fact about this. He thinks they can be offset against future insurance payouts.

 

I've heard nothing about this until today, when I asked him what you might be able to do, so I really can't comment on it. It just might be another approach for you.

 

HB x

Illegitimi non carborundum

 

 

 

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Thanks thats somthing else for me to have a look at, and please dont worry about being matter of fact, no point in hiding it or skirting round the fact, anyway I am lucky, no pain and no nasty side effects from Chemo, just knackered (medical term) :-)

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I really think a preliminary discussion with HR and your manager would be worthwhile. They may really like to know how you're getting on, but be too embarrassed to ask. Most people have very little idea what to say to anyone in your position. If they've been so helpful so far there's no reason to think they won't be helpful again. They may even be waiting for you to ask because they don't want to appear patronising by offering more help.

 

There's no need to suggest anything at this stage, just gather information. Ask a few 'what if' questions, and see what they say.

 

 

I ought to say I know little about employment stuff, but when my ex was recovering from cancer his boss was relieved when I asked about what benefits might be available if the worst happened as he'd wanted to offer support but didn't know how.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Hi AB sorry to hear about this.

 

Have you applied for DLA? You, from what you have said above, would most likely be given it under the special provisions. http://www.dwp.gov.uk/healthcare-professional/benefits-and-services/disability-living-allowance/ The fact is that the time limit of 6 months can only ever be an opinion as to how long you have left. We applied under the special rules for my father in law and he got it and he lived a further 3.5 years after receiving it. The biggest problem you may have is persuading a doctor to sign the form!!! They don't like facing these things.

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