Group Income Protection - Claim Declined

[choudaryk]

Thanks Sangie,

 

You have clarified a lot.

 

In terms of reasonable adjustments based on my employer knowing that I am ill, can I make suggestions to them? I have mentioned this to them but to date they have simply dismissed discussing it.

 

I just want to get an idea of what adjustments would be considered reasonable I have an idea of what I will need once I'm well enough to return to work but don't want to be in a position where I request them and they are not granted and then this is then used to dismiss me.

[Emmzzi]

reasonable: can be assessed by size of cost and disruption to business

Assessment criteria: the kind of disability and the size and type of the company

 

 

Which you are not going to tell us.. and which anyway only a court can decide... IF you have a disability.... which stress/anxiety/depression are often not

[sangie5952]

Being ill doesn't get you any rights at all. Lots of people are ill. Lots of people have long term illness but aren't disabled.

[choudaryk]

Hmmm,

 

I just got this from a government website:

 

A mental health condition is considered a disability if it has a long-term effect on your normal day-to-day activity. This is defined under the Equality Act 2010.

Your condition is ‘long term’ if it lasts, or is likely to last, 12 months.

 

‘Normal day-to-day activity’ is defined as something you do regularly in a normal day. This includes things like using a computer, working set times or interacting with people.

 

And it describes my illness to a tea.

[sangie5952]

[

You say! Medical specialists for your employers insurers say you are faking it!!!

 

Sorry, but we've exhausted this for now. Without further or more information we are just reiterating the same ground.

 

For example, you really seem to be using a computer quite well just now, so why can't you use one in the office??? It's really simple.

 

The insurers don't believe you and you don't appear to have any real medical evidence to say they are wrong.

 

So this is going to come down to what evidence they have that they are correct. We can't predict that. So you must appeal, go to the FO if you lose, but there isn't really anything else we can say.

[choudaryk]

Hi Honeybee,

 

I have reached the 30 messages requirement but for some reason I still can'y PM, can you help?

[honeybee13]

Hi Honeybee,

 

I have reached the 30 messages requirement but for some reason I still can'y PM, can you help?

 

 

I'll pass that on.

 

 

 

As you are aware, we don't like advice to be given by PM and I and I believe Sangie haven't done this. You should be able to discuss your situation on open forum.

 

 

HB

[choudaryk]

Yes I'm aware and I don't mind discussing here. Thats fine its only so I can forward sangie some information, you did mention that it had been forwarded but sangie is saying that he/she hasn't received it. I tried PM ing you this message but I can't even do that now.

[honeybee13]

You should normally be able to PM site team.

 

 

HB

[honeybee13]

There seems to be a system glitch with your PM, we're looking into it.

 

 

HB

[dx100uk]

I haven't had a PM from anyone.

just re sent it

[choudaryk]

Thanks Dx100uk

[sangie5952]

Ok. I'm sorry. This is going to be blunt.

 

In summary, you have been off sick for the best part of two years. This has had nothing at all to do with cancer - it has always been work related stress and that is the cause that you agreed to.

 

Only half way through this period did you submit a grievance to your employer, relating to events that happened a full year before hand. You then went off sick again, also with work related stress. Your employer appears, from what you have said, to have paid you full pay for the first months of each period of sickness, which is an exceedingly generous sickness policy.

 

You have already been offered a settlement, which you declined because you appeared to believe that your employers insurers were going to pay you full sick pay for the duration

 

. Thereafter the insurer said that your problem is with the employer, which it is, and that isn't sickness in their book. Whether that is right or not is a matter for the FO - but be warned, it possibly is.

 

Your grievance has been partially upheld, but you still haven't gone back to work. There is no prospect of your doing so, so the employer had said that if the insurer declines your claim they will start to dismiss.

 

So here's the plain and simple truth - you were offered a settlement, so they may never offer you another one. You failed to mention that offer when both Emmzzi and I mentioned such things. If they offer again, take it. I'd even suggest asking if that offer is still on the table.

 

Because you are not going back to work. You are not entitled to go back to work on your own terms. Whatever the rights and wrongs here, the employer had acted, in law, quite correctly. And you still cannot go back to work. That is, now, down to you. Your grievance has been dealt with.

 

You obviously can't draw a line under that and move on. So you literally need to move on. With the best will in the world, it happens. I am sure that one day you will look back and think that leaving this employment was the best thing you ever did.

 

But you aren't going to recover now whilst with this employer, and the fact that you still have such severe work related stress is screaming that out loud, no matter what you say about wanting to return. If you wanted to return, and if that was a realistic prospect, you wouldn't be so anxious about work!

 

Two years is too long. What is broken now in that employment relationship is not going to get fixed. The employer knows that. That is why you were offered a settlement. The only person who doesn't appear to know it is you.

 

Go back to the employer, ask nicely if the offer might still be on the table, for you to drop the complaint to the FO and any claims against the employer. If they can both guarantee no further expenses, it might still be on the table. If it is, take it, and get on with your life. Get better, find another job, put this all behind you.

 

I can't give you any better advice than that. With the information I now have, if you are genuinely that sick as a result of all this, then you will never cope with the stress of a tribunal or self- litigating.

 

If you aren't, that insurer is likely to rip your position apart - they are experienced at doing so when they need to. So that's it. You must decide. I can't offer any further or better advice, so I'm out now.

[Emmzzi]

Thank you for the summary Sangie.

 

 

After 2 years of work related stress, I think it is fair to say no adjustments would make it possible to work there again; it has simply gone too far, and for too long. So I would drop that line of thought.

 

 

A clean break, parting of the ways and working somewhere that both suits you and values you, will do more for your health than you could ever imagine. I do hope you are lucky with your job search.

[choudaryk]

ok thanks guys, I'll let you know how I get on.