getting finished on ill health grounds

just wanted to know anyone can help me.ive workaed for 11years in same company but been off sick for the last three.work sked me did i want to give my notice in i said no.only that i write to them they wouldnt keep in touch with me,i have had only 2 welfare meetings which i asked for they asked for my medical reports and last year they asked for updated medical reports,they said in the unlikely hood i would not be able to return they would finish me on health grounds and would invite me in when they received my medical reports. i never heard no more so i write to them to ask what the outcome was going to be and they have not replied,im told they probably dont want to pay me off and this is why they choose to ignore me what else can i do.thankyou for looking at this.
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  • McKneff
    McKneff Posts: 38,816
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    You'll just have to be patient and wait for their decision.

    What do you mean 'they wont want to pay me off' if they finished you on health grounds you would
    only be entitled to your sick pay (presumably what you are getting now) to your end of employment and any accrued holiday pay.
    So it wouldnt be particularly beneficial to them to finish you or not.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • citykid5
    citykid5 Posts: 821 Forumite
    and possibly 11 pay in lue of notice? are you in a company pension scheme?
  • McKneff
    McKneff Posts: 38,816
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    edited 20 October 2011 at 5:39PM
    But if heshe is off sick for his notice period, surely only sick pay would be payable

    On second thoughts, I may be wrong, Im quite happy to be corrected. Sorry
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • de1amo
    de1amo Posts: 3,401
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    edited 20 October 2011 at 4:35PM
    i was pensioned off at 37 due to sickness. if that is what the op means?? looking back my biggest regret was not buying AVCs to top my pension years up before they sent me on my way-i would research and join the union
    mfw'11 No68- 55k mortgage İO--little to nothing saved! i must do better.
  • wellused
    wellused Posts: 1,678 Forumite
    3 years on the sick is a long time I'm surprised that they haven't terminated your contract before now, the company I work for a quite lenient on that sort of thing but have terminated employees contracts after much less time than that if it looks like the person wouldn't be able to preform their jobs due to health issues.
  • Uncertain
    Uncertain Posts: 3,901 Forumite
    edited 20 October 2011 at 7:45PM
    McKneff wrote: »
    But if heshe is off sick for his notice period, surely only sick pay would be payable

    On second thoughts, I may be wrong, Im quite happy to be corrected. Sorry

    If he is off sick when they issue notice they would have to pay him his full wage for the notice period.

    He would also have accrued a substantial amount of holiday, assuming he has not taken it in order to receive full pay for those weeks. You cannot lose holiday due to normal carry over rules whilst off sick.
  • Uncertain
    Uncertain Posts: 3,901 Forumite
    wellused wrote: »
    3 years on the sick is a long time I'm surprised that they haven't terminated your contract before now, the company I work for a quite lenient on that sort of thing but have terminated employees contracts after much less time than that if it looks like the person wouldn't be able to preform their jobs due to health issues.

    I agree this is surprising. In the past, some companies would just let these things drag on and leave somebody who was obviously never going to be able to return on the books as it cost then nothing and seemed "kinder".

    However, due to the "Stringer" ruling it now costs them at least 28 days pay per year for the holiday that keeps accruing. The don't actually have to pay until the employment is terminated either by dismissal or resignation.

    It may be the firm don't realise this (although it has been well publicised) but they may have caught a cold!
  • SarEl
    SarEl Posts: 5,683 Forumite
    Uncertain wrote: »
    If he is off sick when they issue notice they would have to pay him his full wage for the notice period. Provided that statutory notice is at least a week more than contractual notice - otherwise you get nothing!

    He would also have accrued a substantial amount of holiday, assuming he has not taken it in order to receive full pay for those weeks. You cannot lose statutory holiday due to normal carry over rules whilst off sick.

    Ain't the law wonderful?
  • getmore4less
    getmore4less Posts: 46,882
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    edited 20 October 2011 at 8:45PM
    SarEl wrote: »
    Provided that statutory notice is at least a week more than contractual notice - otherwise you get nothing!

    Ain't the law wonderful?

    the 87 wording is

    (4)This section does not apply in relation to a notice given by the employer or the employee if the notice to be given by the employer to terminate the contract must be at least one week more than the notice required by section 86(1).

    I think that is the other way round

    you get nothing if the employer notice is 1 week or more than the [STRIKE]contractual [/STRIKE] statutory notice.
  • SarEl
    SarEl Posts: 5,683 Forumite
    the 87 wording is

    (4)This section does not apply in relation to a notice given by the employer or the employee if the notice to be given by the employer to terminate the contract must be at least one week more than the notice required by section 86(1).

    I think that is the other way round

    you get nothing if the employer notice is 1 week or more than the contractual notice.

    No - I admit I didn't express it well but it is the statutory notice that is the measure. If the employers statutory notice is one week or more than contractual notice you get it - if it isn't you don't. So in this case assuming the OP has completed 11 years service, if the contractual notice is ten week or less, then notice must be paid. If it is 13 weeks it doesn't. Which I think was what you were trying to say - didn't you mean "statutory" and not "contractual"?
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