Advice/Thoughts on Ill Health Retirement and Welfare Meeting At Work

[gsparrow]

Hello Forum Members,

 

I do hope you can offer me some advice on an upcoming welfare meeting. I understand the welfare meeting can result in continued support or agreement to dismissal

 

In May last year, I collapsed at work following a heart attack (I'm only 28) and I'm unfit to work at the moment and in reciept of ESA (Support Element) as I'm undergoing extensive treatment/investigation.

 

I'm due to have surgery and a pacemaker fitted in July and have been told I would be good to return to work by November time.

 

However, I realise the company have been paying me sick pay, holiday pay and covering my role etc and cannpt expect to continue 'supporting' me and I need to focus on getting better/back to work

 

I am very weak and unsteady at the moment and they have offered to do the meeting via conference call. I am wondering if I should go in person as a gesture or whether it would be silly of me to turn this down?

 

Secondly, the Occupational Health have recommended the potential of ill health retirement which financially would be supportive but I'm concerned about the effect on me in a future career having that on my CV/reference as I don't want to be on ESA for life. Occ Health have also told the company I am covered by the DDA which I'm unsure if complicates anything?

 

The business I'm in that I doesn't have a union relationship and I'm not in a Union myself though I am member of Mind

 

Appreciate any view/advice

[Emmzzi]

equality act will have little impact as a year off work is not a "reasonable adjustment." Too long a time, i am afraid.

 

I would worry about supporting yourself while you get well for now, then when you are better thinking of low stress volunteer or part time work. One step at a time.

 

There are 2 kinds of IHR; lump sum, or immediate pension. I am guessing lump sum for you would be normal.

[Conniff]

Always much better to go in person, take someone with you as a friend and to look after you. The company seems to be a very reasonable employer.

[gsparrow]

Thank you both for your advice.

 

I'm expecting to be let go but I guess I'm concerned about the future of my career with this illness absence on it. I can support myself with ESA and health insurance so I guess I shall focus on not keeling over anymore!

 

Best wishes

[Conniff]

The best wishes go to you gs. If you have been an asset to the company in the past, they might be considering some other role for you.

 

Will you come back and let us know either way ?

[gsparrow]

I certainly will, thank you

[gsparrow]

Apologies for the delay in updating as I said. The meeting I had was cancelled due to the HR manager taking long term sick leave herself. A new meeting has been arranged for next week.

 

The company have now withdrawn the option of ill health retirement as per the OH report and changed to either reviewing the case or dismissal on medical capability.

 

I feel they have already decided to go with dimissal but I can't blame them considering my illness

[Emmzzi]

Sorry to hear that. But, worry about it when it happens... Also check with your pension trustees the terms on which they grant ihr - usually their decision, not your boss.

[SNALF]

Bear in mind GS that a welfare meeting is an informal hearing and they have no right to dismiss you at that point. They can only do this by way of a medical capability hearing which is a formal process, and only comes into play if the welfare meeting indicates that it is unlikely that you will return to work or need adjustments which may be unreasonable. The informal stage could then progress to formal and a medical capability process then begins and now becomes formal. The outcome of a medical capability hearing is for you and the employer to try to save your role by discussing the prognosis, alternative roles, likely return date, reasonable adjustments etc and the outcome of that hearing should never be pre-determined - so if they are saying beforehand that they will use this to dismiss, their process is unfair.

[ericsbrother]

Your pension scheme will state that ill-health retirement will be granted in the event of "permanent incapacity". Schemes will vary as to whether that means incapable of doing your job or any job and they will also vary as to what benefits you get. Read up the relevant section of the scheme rules and then ask your consultant as to whether you are likely to recover before normal retirement age. Some schemes have a method of calculating incapacity and pay a percentage of the pension based on loss of likely earnings. Again, look into this. If you are deemed a suitable case, your employer really wont have much of a say in the matter as it will be down to the pension scheme trustees and their doctor. there is always an appeals process even then.