Advice Needed Re: Long Term Sickness and Medical Capability Hearing

[Sallyslover]

Hi,

 

I am looking for some advice regarding a meeting I have been asked to attend by my "so called" employer. The meeting is for a Medical Capability Hearing.

 

Some background. In December 2011, I was rushed from work to the local A&E with a suspected heart attack. As a result, I was advised to take things easy for a while and I was signed off work for a period of 3 months.

 

During the time off my health continued to take a downward trend, and doctors were baffled by my symptoms. It took a few months but I was eventually diagnosed with Bladder Cancer. As you can imagine, this was earth shattering, but my employer seemed very supportive during this time.

 

I should point out that I was employed by a call centre, and they only paid me sick pay for 28 weeks. After that I had to apply for Employment and Support Allowance. However, work still insisted on sick notes being sent to them. They then started a period of calling me into work for updates on my condition, usually every 6 weeks.

 

The cancer was being treated until doctors decided they needed to operate. This was done in December 2012, and I now have an Urostomy Bag attached.

 

Unfortunately this major change has also taken its toll on me, and I have been having problems accepting my new way of life.

 

I am in no way ready to return to work and my wife is now my full time carer, as I need help showering, getting ready for bed etc.

 

My work now want me to attend the medical capability hearing, and my question is why should I attend this. I have not been on their payroll in over 18 months and I know all they will do is terminate any chance of returning there to work.

 

They keep saying that they have to monitor me even though I am not being paid by them.

 

Can you be medically retired by this process and if so, what are the consequences to me regarding benefits etc.

 

Anyway, sorry for the long post, but any advice would be greatly appreciated.

 

Thanks

[honeybee13]

Hello there. I'm sorry to hear that you're having problems.

 

The forum guys will know about this, they should be along over the course of the day.

 

My best, HB

[Sallyslover]

Hi Honeybee,

 

Thanks for the reply. I will look forward to any and all advice.

 

Regards

[honeybee13]

Hello again.

 

I expect there will be advice, but the guys have day jobs. Please bear with us until they're able to get here.

 

HB

[Emmzzi]

Hello there, I am sorry to hear about your illness.

 

An employer won't keep you on the books forever, generally.

 

I would expect to be sent for an occupational health referral to determine how much longer you may be off for.

 

If you have a pension scheme at work there may be an ill health retiral package offered by them, which may help with household adjustments.

 

Remember holiday pay accrues while you are ill - have you asked to be paid that?

[Sallyslover]

Hello there, I am sorry to hear about your illness.

 

An employer won't keep you on the books forever, generally.

 

I would expect to be sent for an occupational health referral to determine how much longer you may be off for.

 

If you have a pension scheme at work there may be an ill health retiral package offered by them, which may help with household adjustments.

 

Remember holiday pay accrues while you are ill - have you asked to be paid that?

 

Hi Emmzzi,

 

Thanks for your reply. I too would have expected an occupational health referral by now, but my employer does not seem to want to go that way. Unfortunately I do not have a pension scheme at work, so there will be no package available.

 

What I am interested in, is the holiday pay entitlement. I have not been getting payments from my employer for the past 18 months, so I really dont see how I can be entitled.

 

Also, referring to my original question, can I refuse to go to the capability meeting and push to be referred to occupational health instead.

 

Thanks

[Emmzzi]

You can push for OH. Although they may not say more than what your doctor will - can he offer an opinion on likely return to work dates? That is really the important bit.

 

 

This page from the government has some information on sick leave and holiday pay, which you may find useful.

 

https://www.gov.uk/taking-sick-leave

[Emmzzi]

ps are they following policy? Can you have someone with you at the meeting if you like? Is it a chat and wellbeing meeting, or something more formal?

[Sallyslover]

I believe it is more formal, they have given me the option to bring someone along. Although, If I do go then I will probably go alone. I am just worried that they are going to try and make me resign, and if that is the case, I am then worried about benefit entitlement etc..

 

I have enough going on at present that this is just an inconvenience that I do not need.

 

Thanks for the link to the holiday pay this should also be very helpful

[Emmzzi]

Don't resign, make them let you go. You may also get paid your notice period that way (check what that is in your contract) and you won't risk any benefit sanctions. (only normal ones for income, maybe).

 

At the meeting I would ask if you can have your partner for moral support; some employers will allow this, I certainly would. It's not a union rep or colleague, but then, it's not a normal process.

 

At the meeting press home that you are ready and willing to see occ health and looking forward to coming back to work eventually. See what they do.

[Sallyslover]

Thanks again for the valuable advice. If at all possible, I am hoping that my wife can come along. I am not sure if they will allow it, but hopefully they will.

 

Regarding a return to work, I honestly cannot see that happening, given my age and the length of treatments I will still be receiving, so I would like to be medically retired, if that is allowed. Is it something I can push for, without sounding too pushy

[Emmzzi]

Send them a letter saying that due to the treatment you can become tired quickly/ anxious/ not remember everything, whatever is true, so can your spouse come as a neutral party for moral support; otherwise you may need to postpone the meeting depending on health on the day.

 

sure you can ask about retiral. just ask a neutral question. "If I were not going to get better in the short term, what does the company usually do?" Doesn't commit you, you are just asking for info. It's not pushy.

 

But if an an employee asked me that I'd hurry it along as I would know they'd be amenable to it.

[Sallyslover]

Thanks again Emmzzi,

 

All very helpful advice. I will discuss with my wife and then decide what to do before the meeting next week.

 

I will keep you informed, and again, thank you for all your help to date.

 

 

 

Pete

[Emmzzi]

ask anything, even if you think its trivial and we will try and help. this can be a stressful time. information helps. ask lots!

[Sallyslover]

Hi,

 

I was just wondering, if I were to resign, would I still be entitlement to my Holiday Pay?

[Emmzzi]

yes. but you can ask for it now even if you don't resign

 

there is no benefit in your quitting

[Emmzzi]

Hello, just wondering how you were getting on and if there was any good news?

[Sallyslover]

Hi Emmzzi,

 

There are no real updates at the moment. They have agreed to postpone the medical capable hearing until mid-November. As to getting the holiday pay from them, that may take a little while longer, but I will continue to keep you updated.

 

Thanks again for your concern

[Emmzzi]

we're here when you need us, even if you just want a moan!

[Sallyslover]

Hi Emmzzi,

 

Just an update regarding the work capability meeting. They have rearranged it for Tuesday 3rd December. However, they have intimated that this time, they will not accept any excuses for not attending and will conduct the hearing whether I attend or not. They did promise that they would send me to the Occupational Health,which I am more than happy to attend, but as yet this has not happened.

 

As I said previously, I have issues regarding my new body image, and do not like attending crowded places, etc. I am however, happy to attend, if it brings closure to this matter. I imagine as I am not ready (nor will I be for a while) to return to work, they will terminate my contract. What questions do I need to ask, regarding holiday pay accrual etc.. and also what rights will I have if they terminate the contract. Will it be on the grounds of medical capability, or something else. And if it is on medical grounds, does that mean that I will never be able to work again.

 

Once again, thank you for all your advice to date, but any further advice will be greatly appreciated.

[mariefab]

I expect that Emmzzi will be along later, but until then...

 

I expect that you are right and they will terminate your employment on capability grounds at, or soon after, the meeting.

 

If they do you'll be entitled to holiday pay accrued while off sick.

Case law suggests that this should be at least 4 weeks per year.

 

You will also be entitled to 1 week's notice pay for each complete year from when you started working there until your employment ends.

(However, check your contract for the notice period required to be given by the employer, because this may not apply if the employer has to give at least one week more notice than this.)

 

If you resign instead you'll only be entitled to 1 week's notice.

 

If, over time, you recover sufficiently there's no reason why you shouldn't work again.

[Emmzzi]

hi, just to echo all Marie said.

 

I would try and attend th emeeting if you can, in order to close things off for yourself finally. Then I would make sure you get some sound advice on benefits.

[Sallyslover]

Hi Marie and Emmzzi,

 

Thanks again for your wonderful advice. I will attend the meeting and if, as expected, they terminate my contract,then I will be pushing for any holiday pay accrued,

 

I will keep you informed and let you know how it goes.

[Emmzzi]

don't rush to offer to go quietly. there's a *very slim* chance they may offer a compromise agreement (tiny but still!) Let them do the talking.

[Sallyslover]

Hi,

 

Just to let you know I attended the meeting today and they want me to see Occupational Health in the next cpl of weeks. They will not make a formal decision until after this meeting. So I suppose all wil be up in the air for a while yet.

 

Thanks again for all your help and advice.