Ill health retirement & termination of employment

[Tigger858]

Hi I have just been awarded partial ill health retirement backdated to end August 2013. I have now received a letter saying my employment will be terminated from the same date and I would receive any outstanding holiday pay.When I queried why I would not receive any notice pay and why there was no notification of my contract being terminated I was told that as I had requested to be considered for ill health retirement, I had effectively handed in my notice and would not be entitled to notice pay. I have been with this employer for 21 years. I would appreciate feedback as I have lost trust in my employer. If it's right then that's ok but I'm not convinced. Thanks

[honeybee13]

Hello and welcome to CAG. I'm sorry to hear about your problems.

 

While we're waiting for the forum guys to be able to get here, I think it might help to advise you if you could tell us whether your employer is public or private sector please.

 

It may or may not be relevant, but I'm confused about your reference to partial ill health retirement. Is it because you can't do the job you used to but could do other work, for example?

 

My best, HB

[Tigger858]

Hi honeybee13 I work in the private sector and yes they allege that I may be able to do some sort of work in the future. I don't believe I will as my condition will only deteriorate, however, I don't have the strength to argue this. The OH report was in my view ambiguous and I did write to dispute the findings to no avail. If I'm not due notice pay then that is fair enough but I now don't trust either my rep or management and just need another unbiased opinion. Thanks

[honeybee13]

OK, thank you for this.

 

I hope the forum guys will be along soon with their thoughts on this.

 

HB

[Emmzzi]

Talk us through the process you went through to be retired please. Step by step

[Tigger858]

Talk us through the process you went through to be retired please. Step by step

 

Hi I was diagnosed with PBC in 2011 and my symptoms impacted so much on my working life I eventually went off at end of August 2012

 

There was minimal contact from my employer, maybe 3 phone calls to"see how I was" until I was contacted to attend an OH meeting in July 2012. I was asked some questions however, the OH person informed me he knew all about PBC.

 

I was then invited to a meeting on 8/8 to discuss the report despite not having seen it until the day of the meeting. The report stated that if all parties agreed a return to work could be attempted in a clerical role and I may be able to build up to between 12 and 15 hours per week. If this was not an option then retiral on ill health should be considered and that my own medical advisors may not agree.

 

A job was offered however it was never really a viable option. I suffer from severe fatigue and bone pain. Sometimes I have a good day but more often that not I can do a little at home then need to rest. It would also cut my salary from £40k per annum to £8k and effect my final salary pension.

 

I refused the job as apart from the fact I don't believe I'm fit to do it, I have never done any clerical work and financially I couldn't afford to do it. On this basis I was informed on 24/10 I had been granted partial ill health retirement backdated to 28/8.

 

I then received a letter on 26/10 stating that as the ill health retirement had been granted my termination date would also be 28/8 and I was due holiday pay which would be paid on the next pay date.

 

I was then told, when I queried no notice pay, that as I had applied to the scheme for ill Heath retirement I was effectively handing in my notice. It has upset me more so because my career was ended in a six line letter.

 

I have had conflicting advice and hope that someone can clarify this for me. As I said if I'm not entitled to it then that's fine but it's only my employer who is telling me this.

 

Sorry this is so long but trying to give you all the relevant information. Thank you

Edited October 29, 2013 by honeybee13
Formatting.

[Emmzzi]

what I am confused by

- I have only worked with schemes where you are TOLD you are being retired - it seems unusual to have to apply, you are either fit or not. Did you actually have to fill in a form or something?

[smokejumper]

I know this is a brief outline of the circumstances, but how are they claiming you asked for ill health retirement, are they saying that declining the clerical position is the same.

[smokejumper]

posted the same time as Em, I think she is on the same track as me ;-)

[Tigger858]

I received a letter saying that he was sorry I didn't feel I could take up the clerical position and would I write and confirm I wished to be considered for ill health retirement under the rules of the scheme.

 

I wrote stating why I did not believe I was fit to work at all and disputing their interpretation of the OH report. I also had no choice but to confirm that I wished to be considered for ill health retirement as proposed by the OH report.

 

I then received a letter saying that the trustees would consider this at the next meeting on 22/10. I did feel at the time that I was being put in the position that they would say I had forfeited my right to notice, however when I mentioned this to my rep he said that they couldn't do that.

 

He has since backed down from that position and is now on holiday. I just feel a bit isolated now. Also at no time have they sought a report from my GP or Consultant they obviously prefer to misinterpret the OH report.

Edited October 29, 2013 by honeybee13
Spacing.

[smokejumper]

So are you happy to take the ill heath pension.

 

If not it's usual to appeal and an independent medical report is sought.

However, I believe that if the report confirms what their OH said, then you will liable for the cost.

[Tigger858]

When I challenged the report they basically ignored me. I have decided not to pursue this as I don't feel I can put myself through any more. It's been a difficult year with this and other things that I would rather not go into. I'm only looking for some advice re the notice pay. Thanks

[smokejumper]

Only my opinion but I would say, that they are right in that you had asked for ill health retirement.

 

I know you don't have the energy to pursue this but I would ask for the details of the pension scheme.

 

You could contact the pension dept and ask them.

[Tigger858]

Thanks that's all I needed to know. I know I was conned into making the request but was being told that they couldn't do that. I just needed another opinion. If I had been firing on all cylinders this wouldn't have happened but I guess I would still be working in that case lol. I can let it go now and move on I'm just sad it has ended this way. Thanks again for your help.

[Emmzzi]

Can I just pause and offer some sympathy?

 

I've been through a number of IHR procedures, some with employees I was very fond of, and knew that at their best, they were exceptional employees. Illness sucks.

 

I am not sure you are quite accepting that you are ill yet, and the impact of it. You don't want to be retied but are too weak to argue this case, and can't do more than a few hours a week without being exhausted.

 

Can you ask your doctor to refer you for some counselling to help you adapt? For my condition there are specialist nurses to cope with some of the mental health issues arising and with physical adjustments needed.

 

This seems like it would be more helpful than anything else.

 

Back to your question - was something in the form saying your notice was handed in immediately etc etc - ask for a copy of what you signed.

[Tigger858]

Hi thanks for that. It wasn't a form. I had to respond to his letter which was worded " can you please confirm that you wish to be considered for ill health retirement under the terms of the scheme" in my reply I said I did wish to be considered as recommended in the OH report.

[Emmzzi]

In which case, you need a copy of the terms of the scheme - is it a pension scheme? Talking to the trustees may be helpful. There may be a contact number on the scheme booklet?