ill health dismissal

tiger11_2

Does anyone know anything about being dismissed from the MOD as a civil servant due to ill health, its not EARLY RETIREMENT, was turned down for that. My GP has adivsed i dont work, just had meeting with the general last tuesday and i dont think they are telling me everything, would really like to know if anyone knows anything about this and the pay off and how it is determined.

Googlewhacker

tiger11 wrote: »

Does anyone know anything about being dismissed from the MOD as a civil servant due to ill health, its not EARLY RETIREMENT, was turned down for that. My GP has adivsed i dont work, just had meeting with the general last tuesday and i dont think they are telling me everything, would really like to know if anyone knows anything about this and the pay off and how it is determined.

If you are being dismissed for capability as a civil servent then I would be surprised if there was any payout (unless the injury was work caused).

iamana1ias

There can be a discretionary payment for dismissal but this very much depends on the circumstances. The OP has not given enough info to be able to advise properly.

Have you seen occ health? Your GP's word is not enough. What's the condition and what's the prognosis?

tiger11_2

the gp has given reasons i just didnt go into detail, i had a heart attack March of last year, i have suffered with loss of feelings in my hands and feet way before the heart attack which made it impossible to do certain jobs, they created a job for me that was perfect, i was in that job 4 years and then they moved me into the mess, where obviously was a hazard in more ways then one, then after my heart attack they moved me into the barricks going up and down stairs and carrying things. i use a walking stick now and a frame, i also have a calciphed arter in my leg, may have an artery replacement or loose my leg from the knee down, still waiting on the decission to that. i have 8 years in and they are only recognizing 6 years and handed me a paper of what i could get as far as pay off, it was barely anything. i have heard so many things on this, all different, so i dont know what is what. if you can help knowing more about my situation that would be great.

iamana1ias

tiger11 wrote: »

the gp has given reasons i just didnt go into detail, i had a heart attack March of last year, i have suffered with loss of feelings in my hands and feet way before the heart attack which made it impossible to do certain jobs, they created a job for me that was perfect, i was in that job 4 years and then they moved me into the mess, where obviously was a hazard in more ways then one, then after my heart attack they moved me into the barricks going up and down stairs and carrying things. i use a walking stick now and a frame, i also have a calciphed arter in my leg, may have an artery replacement or loose my leg from the knee down, still waiting on the decission to that. i have 8 years in and they are only recognizing 6 years and handed me a paper of what i could get as far as pay off, it was barely anything. i have heard so many things on this, all different, so i dont know what is what. if you can help knowing more about my situation that would be great.

Okay, so you can no longer do your physically demanding job but could presumably do a desk-based or non-physical job. That's why you aren't eligible for ill health retirement.

If they are unable to move you into a post which suits your physical state, or make reasonable adjustments then they can look at dismissal. The payoff in that case is a nominal sum which recognises the 'loss of status' of your post. It's never going to be masses of money.

Have you been to occupational health for assessment?

Uncertain

This really comes down to whether there are any additional benefits for long term ill health built into your employment "package". If there are then this is like a form of insurance.

If not, then providing the employer follows proper procedure, they can dismiss on health grounds without paying anything apart from whatever notice you are entitled to and accrued holiday. Note, you have continued to accrue holiday at the statutory rate (28 days per year) for the whole time you have been off sick and they will have to pay you this at your normal rate.

A few points to check....

Have you exhausted your full sick pay entitlement? If not then it is worth checking the exact terms of you sick pay scheme. Many are in some way "discretionary" but if not you may have an absolute entitlement to XX weeks full pay and YY weeks half pay (say). In which case you would have an argument that you are entitled to this even if they terminate you employment sooner.

If your employer was in some way responsible for your illness then you MAY have a personal injury claim. However this is separate to your employment rights. You can still lose your job (legally) even if it were their fault. However, IF you won a PI claim then the compensation should take account of loss of earnings.

Uncertain

iamana1ias wrote: »

If they are unable to move you into a post which suits your physical state, or make reasonable adjustments...........

Sadly they only have to do this if the OP's illness amounts to a disability (in the legal sense).

If an employee is just ill, but not legally disabled, then they can be dismissed if the are unable to do their original job.

Sorry

tiger11_2

i do have an OT nurse that comes out to the house every now and again to make sure my needs are met, she is actually trying for a grant to have a toilet and bedroom extension put on the house, i am no longer allowed to go up and down stairs, causes too much pain the the artery in my leg. Yes i do believe they are to blame on part but not all of the heart attack, i might have had one any way but who knows, i do have severe angina and i tried to keep working but kept missing days off and on, several times collapsing at home and ending up in hospital, that is why my line manager said she denied me for pension rate and i havent had sick pay in a very long time. i have a wife and 6 children and we are lving very close to poverty right now. just seems unfair but such is life i guess, i really wish i could work, but i can only work a few days and then the angina starts up really badly and the leg is always very painful. thanks all for your input and suggestions. i appreciate it

iamana1ias

Uncertain wrote: »

Sadly they only have to do this if the OP's illness amounts to a disability (in the legal sense).

If an employee is just ill, but not legally disabled, then they can be dismissed if the are unable to do their original job.

Sorry

Arrangements for civil servants go considerably beyond legal or statutory requirements.

iamana1ias

tiger11 wrote: »

i do have an OT nurse that comes out to the house every now and again to make sure my needs are met, she is actually trying for a grant to have a toilet and bedroom extension put on the house, i am no longer allowed to go up and down stairs, causes too much pain the the artery in my leg. Yes i do believe they are to blame on part but not all of the heart attack, i might have had one any way but who knows, i do have severe angina and i tried to keep working but kept missing days off and on, several times collapsing at home and ending up in hospital, that is why my line manager said she denied me for pension rate and i havent had sick pay in a very long time. i have a wife and 6 children and we are lving very close to poverty right now. just seems unfair but such is life i guess, i really wish i could work, but i can only work a few days and then the angina starts up really badly and the leg is always very painful. thanks all for your input and suggestions. i appreciate it

Occ health is not the same as occ therapy. The MOD should have referred you to their occ health provider (probably atos origin) for an assessment. Given the length of time you've been off I'd be surprised if they haven't done that.

Uncertain

iamana1ias wrote: »

Arrangements for civil servants go considerably beyond legal or statutory requirements.

OK, that should help. The OP needs to get advice from either his union (if a member) or a solicitor with experience of civil service employment matters.