Terminal Illness - Rights as an Employee?

Bach_Off

Hi everyone,

Wondering if someone her has any experience of or legal knowledge of an employees rights in the case of a diagnosis of a terminal illness?

Someone close to me has this diagnosis and they have a good sick policy whereby 75% of wages are paid after a six month period, but I am presuming that this is on the basis that the employee will eventually return to work.

In this case, it is highly unlikely they will be fit to return to work and so I am thinking the employer has a case to terminate the employement on the grounds of permanent ill health?

I believe the Disability Discrimination Act provides some protection, but I'm not at all sure what in the case of a TD.

Any advice or pointers anyone can give would be most greatly appreciated.

Cheers...

Horace

An employer can terminate employment on the grounds of illhealth, they call it illhealth retirement and that way the person can get their pension (if they have a work pension). I would have thought that it would be better for the person to spend what time they have left at home with their family rather than stressing about work.

If someone is off on long term sick they will get full sick pay for a period of time, then half pay and then just SSP. In this case it may be best if the person concerned approached HR to say they have a terminal illness and to negotiate some ill-health retirement.

If your friend has a terminal illness, they could apply to get Disability Living Allowance (this is not means tested) so at least he/she would have some money coming in.

Hope this helps. Remember you can also phone the Human Rights & Equal Opportunities Dept and ask to speak to someone on their disability team who should be able to advise further with regard to their rights under the DDA.

Bach_Off

Thank you for that. It's not a case of stressing about work but finances really.

The company he works for has a very good long term sickness policy that pays 75% of his wages after six months off work and he is entitled to DLA and carers allowances. Added to this is that he is entitled to a Death in Service benefit of 4 x salary. Pension wise, he had not long started working for the company and has not accrued much in the way of pension, so financially, the family is much better off if he continues to remain in employment rather than be ill health retired.

Hence, they are worried about whether the employer had a legal right to terminate his employemnt on grounds of ill health.

LinasPilibaitisisbatman

A company can dismiss if the employee cant perform their role and reasonable adjustments cannnot be made.

Depending on the illness the employee will likely need much medical treatmment and be in this category.

Depending on the illness can I suggest the contact the helpline/welfare service of a related charity and ask for advice.

I am not convinced the law will see staying despite being terminally ill just to get the DIS and sick pay as an allowable course of action and enforce it on a company. That aside as companies normally insure for DIS etc they may not be bothered and happy to let it happen.

geri1965_2

Horace wrote: »

If someone is off on long term sick they will get full sick pay for a period of time, then half pay and then just SSP.

I'm not sure this is true of all employers.

maryotuam

I think the family should not put pressure on this poor person to carry on working when they are terminally ill. Some things are more important than money and this person deserves the best quality of life they can manage in the time they have left.

Some people get a lot from work and others are just glad to get away from the stress.

Bach_Off

Thanks everyone, the long term sick benefit is provided via an insurance policy, so it isn't actually costing the company anything more than the first six months full pay. My thought is that you can terminate as the contract of employment is frustrated by ill health and therefore valid grounds for dismissal. BUT, a friend working in finance seems to think differently.

LinasPilibaitisisbatman

The friend working in finance thinks wrong.

If the employee can show up every day and work then DIS will be paid. But if they cant they will have to disclose all the details at which point their really at the mercy of the employers morals/ethics and policies re this.

dawnybabes

How long have they worked there ? If less than a year I think they can get rid without a reason

Paparika

Horace wrote: »

If someone is off on long term sick they will get full sick pay for a period of time, then half pay and then just SSP. In this case it may be best if the person concerned approached HR to say they have a terminal illness and to negotiate some ill-health retirement.

geri1965 wrote: »

I'm not sure this is true of all employers.

been working since dec 07

been off sick for 5 weeks, just got my wage slip they added all my sick this year and i had used all my sick pay in one month, on half pay now until 4th aug

LindsayO

You or your friend need to look at the pension and contract carefully.

I have a friend in the same position as your's and he has to be in emplyment to get the death in service benefit, but that is down to the pension company rules, so a different pension company may have very different rules

As far as the pension goes, in my friends case he could get a full pension (ie as if he had worked to 65) if he retired on medical grounds and they accepted that he was totally incapacitated. Again this is due to the pension company rules, so you need to check with his pension company.

Good luck with this