getting finished on ill health grounds

getmore4less · 20 October 2011 at 9:56PM

SarEl wrote: »

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"?

Yes meant statutory so corrected, ,

Still think the wording says if the contactual notice is a week or more than the statutory then the section does not apply so if they are equal then the pay is due

getmore4less · 20 October 2011 at 10:06PM

breaking it down

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

de1amo · 21 October 2011 at 5:20PM

i am long time retired due to sickness. The company took 3 years to decide on my 'expulsion'. in that time i accrued 19 weeks holiday and gained pension years--i worked for the firm for 20 years and they retired me with 34 years pension--still not sure what the OP is asking!

moneybuster · 23 October 2011 at 2:07PM

yes my firm took 3 years to pension me off, i got full amount for ill health right up to 65 years, final salary scheme, even the pensions dept don't like giving out pensions even when you meet the scheme rules if the pensions doctor is not convinced you can not work again anywhere then you have to wait,

gained 3 years pension and added lump sum:D but you have to hang on in there at the beginning.

the only certain applications are death in service, and terminal illnesses.

MB

hilstep2000 · 23 October 2011 at 3:26PM

I have MS. Worked for the local council as a teaching assistant. I hung on till retired on medical grounds. Got 11 weeks lieu of notice, and my pension payable from the day I left. Including a lump sum. DON'T RESIGN! Just stay on the sick till they get rid of you. Don't go to meetings either. I sent a letter to my Head saying "If I was well enough to come to a meeting, I'd be well enough to come to work". They came out to me at home. Hope this gives you the courage to stick with it. All the best. x

pinklady21 · 27 October 2011 at 4:52PM

The reason the OP is still employed, rather than having been 'terminated' might be to do with other contractual benefits they have.
My understanding is that, in essence, the employer would have to compensate the employee for the loss of any contractual benefits if they were to terminate the employment contract.
For example, Permanent Health Insurance might be payable, and the employee would be entitled to sue for the loss of benefits she would have received had the employment contract not been terminated.

Very interested to hear other folk's stories about being pensioned off due to ill health.
How did you persuade your employer to do this?

I have been unable to work for illness for a number of years. Fortunately I do qualify for PHI, but the ongoing stress of medical reviews / possible surveillance activity / bullying tactics by the insurer etc etc is quite intolerable at times.

I suppose my chances of getting my employer to pension me off are quite slim, given that at the moment, the insurer pays for me, rather than my employer.

As ever, interested to hear other people's experiences.
Kind regards

de1amo · 27 October 2011 at 5:09PM

my ex company sent me to a private consultant of their choice and he wrote such a damning report of my illness in one so young and firmly laid the problem being caused by their work practices!- he supported me through the process and they medically retired me plus made a non-admission of fault payment of compensation.-- the illness was physical and recoverable but further down the road i suffered MH problems which would have necessitate pensioning off--

pinklady21 · 28 October 2011 at 5:01PM

Thanks for that Delamo - although sorry to hear you were so ill.

I am assuming that I have no right to 'demand' being pensioned off, I just have to wait it out and see if my employer is prepared to make me an offer.

The Insurer that pays the PHI has made offers to settle the claim, but never quite enough money to make it worthwhile. If only I could find some way to get my employer to add a wee bit to the pot and make me an offer I couldn't refuse!!

getting finished on ill health grounds

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