Advise re benefits followung dismissal ( capability)

[angelsx7and9]

I have been asked to state how much money I would consider under a settlement agreement; what methods are used when deciding a fair and realistic figure. Dismissed on grounds of capability (ill health); and subsequent appeal advisor requires this information. What rule of thumb/methods are used in the Tibunal courts to determine the final figure. Very grateful for all your help Kind regards angelsx7and9

[ericsbrother]

Depends on how long you have been there, what your salary is, your age and what the pension scheme is like. Basically, how much will it cost them to sack you if that is unfair so they will be looking for an agreeable cheaper alternative.

[obiter dictum]

On capability i take it you mean "Ill Health"

 

These things are normally written into your contract of employment

 

Will you be able to work again, was the injury that led to the disability employment related??

 

Are you covered under the Equality Act as a disability and were reasonable adjustments investigated??

 

To many questions unanswered to give a definite response

 

If you have a Trade Union then again they will have their own criteria agreed with the company.

[angelsx7and9]

thank you all for your responses. I'll try and keep it short. employed since 2000; had accident at home in 2003; have been to OH on 4+ occasions - advised condition covered under the DDA; LAST OH advised not fir for substantial role - advised reasonable adjustments/alternative role?, where possible. Mobility issues +++. Following non acceptasnce of settlement agreement last year- requested to attend OH. Home visit reequested but denied on grounds of procedure (funding and agreement to be in place); then stage 3 capability held due to "being uncooperative" in atternding OH appts. No contract - staff handbook only available Not with a TU; salary circa £30, 654 per annum Kind regards angelsx7and9

[Emmzzi]

Give the longer version; you will get better advice?

[obiter dictum]

Even though you say you are not a member of a Trade Union, Does the employer have trade union representation for their members in the business??

 

How large is the employer??

[ericsbrother]

Well there is certainly something to negotiate around with regard the EA and whether your disability was properly considered regarding making reasonable adjustments to the job or the workplace otherwise they would be gunning for dismissal without a settlement.

What did you have in mind as far as multiples of weeks pay per year worked as employers seem to be happy in working out those multiples? A decent redundancy scheme would give you 2 weeks/year so a figure of £17k, stat redundancy equivalent would give you £4.5k

You havent mentioned the pension arrangements, it is pertinent as many older schemes have arrangements where you can be awarded a partial pension if you take early retirement on capability/health grounds and even if the scheme doesnt allow that there are undoubtedly rules regarding early retirement and top-ups by employer under these circumstances so read up on that part of the rules and see if there is anything applicable. The company may well be persuaded to use a higher multiple if they think the alternative is paying your pension dues for a lot longer.

[obiter dictum]

I myself in cases like this have negotiated 34 weeks wages up to 10 tears service, 10 weeks pay in lieu of notice with increment of a week PILON above 10 years sevice up to a maximum 104 weeks wages. with any outstanding holiday entitlement

 

This will all change if you are over 55 as any settlement might contain a lump sum settlement from your pension entitlement