Ill Health - Dismissal

[Webbo1981]

Hi

 

I work for a major Aerospace company where I have been with them since September 2001. In March this year, 2012, I have unfortunately been off sick with a number of mental illness problems.

 

My work have mentioned to me they are looking into dismissing me on capability

 

May I ask what am I entitled to if anything or what to do going forward as I am worried

 

11 years with company

Final Salary Pension Scheme

I am 30 years old

 

I cant stop worrying, please help or advise

[Emmzzi]

So it will probably depend on a couple of things

 

a) do they think you will ever work again, or is it a shorter term condition, or can you work somewhere else immediately (maybe somewhere less stressful), or can you go back to your current job any time soon; and

b) what provision the pension fund has for ill health retiral

 

You could probably use support of your union rep if you have one?

[Webbo1981]

I have been told that another 6 - 12 months may be a full reocvery. I am waiting for further therapy

 

The only thing I know about my pension is that I can retire @ 56 and im on a 1/80 scheme. Sorry thats all I have

 

Really appreciate your reply

[Emmzzi]

If I had someone fit to return in 6 - 12 months, that would render them ineligible for ill health retiral - probably the same in most companies

 

50/50 on whether I would hold the job open for another year. 6 months is better! So it could go either way. The issue is they need the work done.

 

What can you do to accelerate the pace of the therapy? Can you go private even if it hurt financially? Is there a company health scheme or are they prepared to help in this area?

 

What formal correspondence have you received?

[Webbo1981]

I last had a home visit from my work on Wednesday August the 8th. They said that they wanted to know by the end of August if I was going back to work or not, if not they would dismiss me. I emailed work on Thursday August the 16th to state that I intend to get better ASAP and I would keep them up to date with my extra therapy. On September 6th I received a letter from them stating they were coming to see me on the 10th, short notice. They said they wanted a 'final meeting' I have to be honest and say I had to decline the meeting as I am just not up to it. They did say on Aug 8th that a months notice money and holidays is what they offer if I resign.

[becky2585]

You're entitled to 11 weeks notice, so that's a rubbish deal!

 

With a 6 month return to work date, it may be reasonable for them to wait. 12 months is less likely. How long have you been off work?

[Webbo1981]

11 weeks?

 

I have been off since Feb 28th this year

Thanks for replying

[becky2585]

Do you think there are any adjustments which could be made to your role to allow you to return to work quicker - or would a phased return be possible?

[Webbo1981]

I have depression, possibly Bipolar. I also have OCD and GAD along with anger issues so which ever role I have the same illness applies. Thanks for help

[becky2585]

I should have been more specific - with 11 years service, your statutory minimum notice entitlement is 11 weeks (full pay).

 

I don't claim to know the specifics of everyone's disability, but if you can think of any ways that your symptoms could be reduced at work, that might enable you to return quicker. It also depends on the type of role you're doing.

 

Some people's depression for example manifests itself in being unable to wake early enough to meet a 9am start - so a reasonable adjustment may be to move the start forward an hour to 10:00am. Something along those lines.

[Webbo1981]

So if they are to dismiss me I am entitled to 11 weeks notice of full pay?

 

I also havent had any holidays am I entitled to them?

 

I am pushing for more intense therapy. My Anxiety disorder is physical as well as mental which doesnt help. Im on two lots of medication. Short term im certainly not fit for work

[Pusillanimous]

Recent case law entitles those who have been signed off sick, to claim annual leave, so you should be entitled to that, on top. (Good idea to google this.)

[papasmurf1cx]

Webbo.... What was the cause of your illness? Specifically is it work related? Reading the thread I am none the wiser. Your condition is probably covered by the Equality Act so an employer has to consider making reasonable adjustments to their Policies Practices and Conditons to accomodate you. What others have said is correct.

 

There are two problems here first the employer needing to get you back to work. If the illness has been caused by things outside what the employer can control then they do have the right to dismiss for capability but only after they have done everything reasonable to assist you.

 

Secondly is if they dismiss you for capability but the cause was work related AND THEY KNOW ABOUT IT eg by the fact that you put in a grievance then Discrimination issues start to apply.

 

So the reason for your illness might be helpful to know?

 

Mental illness is one that may entitle you to DLA especially if you are needing help in doing things, being encouraged to do things or to keep you safe. You are probably entitled to the contribution based part of ESA (and if your condition goes past 12 months sick then you may get the Support side of ESA after the first stops.) Further some elements are income based. Consider Housing Benefit too. Might be an idea to phone the Benefits Enquiry Line here.... 0800 88 22 00 http://www.direct.gov.uk/en/Dl1/Directories/DG_10011165 and discuss your circumstances with them. They are quite helpful. If you have difficulty filling in forms attend your local CAB and ask for help.

[lindyhop]

Hi not trying to hijack this thread but i have a question.

 

what if it is the case that the employer wants to dismiss on grounds of capability and they know that the cause of the incapability was work related - and grievances were submitted - how does that change things?

 

Thanks

[Webbo1981]

Hi thanks for reply there appreciated

My depression is to do with work and personal life. I just feel like a nobody and everything gets me down. Admittingly the work. I am a constant thinker to and I cant stop. I have OCD and also have a major anxiety disorder in which I worry about everything. I have anger problems too. Some days I feel great some days I feel I dont wanna be here.

Its been over a week now and I have heard nothing from my work.

If they do dismiss me is it correct that I receive 11 weeks notice? I find that hard to believe

[becky2585]

If they do dismiss me is it correct that I receive 11 weeks notice? I find that hard to believe

 

Why do you find it hard to believe?

[papasmurf1cx]

Webbo... if there is an issue with work causing the problem you need to ensure that Management know what the problem is. If there is an issue, say an an example of bullying and harassment, because of your condition, then to dismiss you because they caused or even partly caused / made worse your condition then dismissal under those circumstances may constitute disability discrimination. if you raised a grieveance and they dismissed you because you raised a grievance that may be victimisation.

 

The devil is always in the detail, so perhaps you might want to tell us more about what work did to cause or aggravate your illness?

 

Lindyhop... hope the above answers your query.

[Webbo1981]

Why do you find it hard to believe?

 

I didnt think my employer had to give me 11 weeks notice but after reading up seems they do

[Pusillanimous]

Hi not trying to hijack this thread but i have a question.

 

what if it is the case that the employer wants to dismiss on grounds of capability and they know that the cause of the incapability was work related - and grievances were submitted - how does that change things?

 

Thanks

 

It will a case of who complained first.