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dismissal, disability discrimination and ill health pension problems


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Help desperatly needed, sorry this will be a long one. and I cant put in specific details.

 

Hubby has a disability dx 5 years ago that is covered by the equality act, he has been employed by same company for 18 years, no more time off than any other employee and less than some! He was doing his job perfectly ok and the only adaption he has was that he worked a fixed shift, and the other 2 guys sorted out the other shifts between what they preferred.

 

Earlier in the year the company literally decided they didn't want him to go to the new plant that was due to open and set about fabricating stuff to get rid of him.

 

We know why they did this, they looked at him not doing overtime and assumed he would not manage longer hours but no one actually asked him. There is a huge difference with taking out rest time at weekends for overtime as it is to do extra hours and have more days off, infact the new shift system would be better for him!

 

The first he knew of this was a letter into this consultant whom they had never contacted previously and would only take the word of their own company doctor. Hubby was contacted by consultant with his answers before sending them into the company, He asked to be sent the questions that had been asked and found it very carefully worded for the company to get the answers they required but what they were stating was not the truth either about him or the actual job.

 

As this delayed geting the letter sent back from the consultant, OH was sent to site to " have a chat about this letter to consultant" onsite she did an assesment that was nothing to do with his job role and as not even onsite and took him off the job and was given a different job, then they went through managing employees with ongoing sickness procedures,

 

Was sent to the company doctor with even more lies about the job role conclusion was that he was unable to do the job with a huge emphasis on not being able to climb all the ladders ( which is not required for the job ! )

 

He was dismissed on grounds capability to do his job, There was a huge emphasis in that meeting on him not being able to do the hours and they couldn't make any changes to the hours, even though he had never asked for any changes.

 

He was told to apply for ill health pension he queried applying for pension as he was appealing the decision, told to apply.

 

Then had the appeal hearing so the IHP is now on hold untill after the hearing, and the company are now saying the decision is undecided so they wanted to contact the company doctor and his consultant again with questions he complied as he said they first ones were engineered.

 

The company have now delayed this for so long He agrees questions they then e mail back and change something else. Mainly slotting in the adjustment that they refused at the final stage meeting which they have no right to do so its all highlighted and sent back and then they return it with another change.

 

I have 27 printed a4 pages just of the e mail communication about the questions, and its now not his questions being asked at all as they have changed them and the bigest blow is the letter to the consultant is almost exactly the same as the first one. They can now no longer do anything before his leaving date and have now found out that the pittance of a ILP will now be reduced as he will no longer be in employment with the company when he applies after the hearing

 

can any one help with any advice He is supposed to be seeing the company doctor again next week and I am not very happy with that and think this is another ploy to stop the pension payment.

 

He has phoned acas who just said that a company that size should be able to find him an alternative job, hes also been to citizens advice, sent to disability advice who cant help and just said get a lawyer, we cant afford one and the union lawyer wont get involved until after the procedures have all been followed, another disabled advise in a different town also cant help I am at the edge of my tether and this is making his condition far worse.

 

what is the point of having disabled laws when there is no one there to help when they are not obeyed!

 

any input gratefully appreciated

Edited by honeybee13
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You will need to read the terms of the pension scheme to see how ill-health retiremnet fits in with your husband's condition but as the company has made adjustments in the past that made your husband employable in the roles he carried out before becoming disabled I think that might mean that he is not entitled to take the pension straight away. The doctore should be able tomake a decision about his fitness to preform specific roles but the scheme will determine the criteria for ill-health retirement and you may need to speak to the Pensions Advisory service about that. Ultimately, if he is unfit to work there are procedures that will allow him to get the correct pension but it will take at least a year and probably more like 3 years to get there.

In the meanwhile you need to send a statutory questionnaire to the employer asking specific questions about how their procedures for managing or adapting to disabilities are laid down. This will be non-specific but relevant and if they cant answer thse questions inference can be made as to their actions in your husband's case. It does look like he is heading to an employment tribunal so read up on the relevant parts of the DDA as again, it is a very slow process to get justice that way.

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You will need to read the terms of the pension scheme to see how ill-health retiremnet fits in with your husband's condition but as the company has made adjustments in the past that made your husband employable in the roles he carried out before becoming disabled I think that might mean that he is not entitled to take the pension straight away. The doctore should be able tomake a decision about his fitness to preform specific roles but the scheme will determine the criteria for ill-health retirement and you may need to speak to the Pensions Advisory service about that. Ultimately, if he is unfit to work there are procedures that will allow him to get the correct pension but it will take at least a year and probably more like 3 years to get there.

In the meanwhile you need to send a statutory questionnaire to the employer asking specific questions about how their procedures for managing or adapting to disabilities are laid down. This will be non-specific but relevant and if they cant answer thse questions inference can be made as to their actions in your husband's case. It does look like he is heading to an employment tribunal so read up on the relevant parts of the DDA as again, it is a very slow process to get justice that way.

Thank you for the advice, the problem is the time factor since the appeal hearing they have already said he can get the IHP this is on hold untill the outcome of the appeal, they have delayed everything. His company leaving date ( this month)is before the appeal hearing date not even set yet they just said hopefully January this will mean the pension will go to a deferred pension which will mean a lot less.The company have now stated this. He has asked several times about this and was always told it wouldnt be affected I have asked the union rep as well because I know the terms state you have to be in current employment with the company to be able to claim.It was only friday they have now stated that it will be deferred as he leaves before they will be getting any hearing set up

Is there any guidelines for this statutory questionnaire you mentioned?

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Section 138 of the Equality Act 2010 allows you to obtain information etc.

The questionnaire for this is available online.

I'm unable to insert a link as my post count has to be 10 or greater.

The link should be in my signature now.

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Section 138 of the Equality Act 2010 allows you to obtain information etc.

The questionnaire for this is available online.

I'm unable to insert a link as my post count has to be 10 or greater.

The link should be in my signature now.

 

Thankyou for that any advice if we should do this now or wait until after the decision hearing, even though we know what the outcome is going to be lol

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The company has 8 weeks to reply to the questionnaire and the response (or lack of response) will not have any effect unless you go to an Employment Tribunal.

Sending in the questionnaire now would have the possibility of affecting the outcome of the decision hearing.

 

The guidance includes this, which should be added to your questions:

 

You may wish to use the form to ask an employer whether:

an employment tribunal has ever made a recommendation to them following a previous action taken, under the Act, by a different employee;

what that recommendation was; and

what action they took to comply with it.

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Hubby has been dismissed by his employer 12 weeks notice, leaving date very near,

 

he appealed the company seem to have deliberately delayed the entire process, took 6 weeks to get a appeal hearing now they are undecided and wanted further information,

 

now after managing to delay getting this for as long as they could they have not yet even requested this information and it is doubtful they will even get this back within a month so think the hearing may be mid January.

 

are keeping normal dismissal date have extended the leaving date for a month saying last working day will be extended to..... but will be without pay. so the only favour they have done him there will be he cant claim contribution based job seekers.

 

They still want him to sign off paperwork hand in and company phone etc at the end of this month surely this isnt right? especially with all the phone calls that are going to the union at the minute. they haven't extended anything at all¬!

 

I will just add it is not him delaying anything it has been the company Does any one know where he stands with this

Edited by honeybee13
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Hello again, I'm sorry it isn't going well.

 

I've put some paragraphs into your post to make it easier to read and merged it with your last thread. They guys who advise usually like to see the history when they're answering queries.

 

What was the outcome on the ill-health pension aspect please?

 

HB

Illegitimi non carborundum

 

 

 

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Hello again, I'm sorry it isn't going well.

 

I've put some paragraphs into your post to make it easier to read and merged it with your last thread. They guys who advise usually like to see the history when they're answering queries.

 

What was the outcome on the ill-health pension aspect please?

 

HB

sorry I posted a new thread as I thought it being about the leaving date was a totally different question.

No outcomes with anything, The company have said that they want him to hand in everything and sign leaving paperwork before his leaving date this month that's nothing to do with applying for the pension (that's seperate).

He cant be applying for the pension he is appealing against the decision to dismiss

 

I have previously worked in HR ( many years ago) and unless things have totally changed the leaving paperwork was the final paperwork and you only then took away company property, uniform pay up outstanding Holiday pay, which they are already saying would be paid next month.

 

I can't actually see why they are doing this as decision to dismiss is currently supposed to be undecided for further information VERY worried about signing stuff as the terms of the company pension do state you have to be in employment at the time of applying , and their decision to extend the leaving date without pay but then still ask for the final paperwork to be done before any hearing about the appeal is very worrying. I suspect this is all now a ploy for him to fold and drop the appeal.

 

The latest is he had co doctor appointment this week, the referral the company sent to him was the version we had not agreed to be sent, and was not the one they sent to us!

The Doctor was actually not very happy with it either!

 

At present the Doctor will not release the information to them untill that is resolved, I e-mailed the person that sent it no reply from them and the next day was contacted by the manager that chaired the meeting saying we have to sort the questions to be asked like we have not agreed them so yet another week wasted.

 

new update he has just come off the phone to Acas they don't seem to be able to help with any information about this leaving date and if he should sign this paperwork but they are saying that the deadline for the tribunal route is 3 months from the date of being dismissed, I understood it to be the date he leaves the company ( the date at the end of this month) this could be very important.

Edited by Limara
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