MoD Ill health dismissal

modplod

Hello. Sorry, new to the forum and have read through a lot of threads/paperwork regarding the above title - and am still none the wiser.

I'll start by telling you about me. I'm, as my forum name might suggest, employed by the MDPGA and I'm based at an RAF station in Buckinghamshire. This year, the 26th March to be precise, I suffered severe pains in my back (whilst at home, no fault of work) and had to go off work sick. This situation didn't resolve itself and my GP refered me to the Hospital for specialist tests including MRI scans. The scans showed that I had 2 prolapsed discs and one that was pressing into my thecal sac (I think I've spelt that correctly!!) which was causing me the pain. My doctor refered me to a specialist who advised me that the best course of action would be to initially perform a discectomy to help with the pain I was getting form the disc that was pushing into my thecal sac.

This operation was carried out on the 3rd November - I haven't worked since March. My sick pay has now stopped and I have recently (17th November) had to claim for ESA from the DWP. As of the 13th December, this will be the only money coming into the household (Mortgaged, married, 4 children and baby due in February).

I was contacted by ATOS Origin just after my operation by phone. As I had been told by the hospital that they would call me back in after 8 weeks recovery time to see how things were going on, ATOS really didn't do anything apart form ask me a few questions which they compiled into a report which was sent to my line manager and copied to me. The last line of this report said that I was a candidate for Medical retirement.

What I don't understand really, although I have an idea, is why a) My line manager hasn't offered me sick pay at pensionable rate and b)why nothing has been done and I seem to be hanging in limbo??

Does anyone know what my best course of action would be? Can anyone offer me any advice as to what I can do to get more money (I still can't work due to my back - I have to now have another operation in January and the recovery for that one is longer than the discectomy was)

The MDPGA are in a position (and have been since 2008) where recruitmenrt is on hold as we have no money as a department. I feel this is why I am being left 'to dangle' over this - should my position go (me being either medically retired or dismissed on grounds of ill health) then my position would close behind me and not be able to be filled by anyone else. However, if I am left exactly as I am, employed by the MoD although not receiving any money or help from them, then my position can be covered by someone else.

Or am I just being cynical about this?

Any help that anyone can offer will be greatly appreciated as I feel that I am just being ignored at the moment.

Thank-you for taking the time to read through this tome but I felt I needed to spell out my case so as to help you to help me, as it were.

ps.....I must also point out, and this may also be a factor too, I suffer from MS. This is one disease/illness that is subject to the DDA. I feel this is another reason they are taking their sweet time in making a move one way or another.

Once again, thank-you in advance.

bigsooze

I can't really comment on how your sickness policy works, but I have some experience from my private sector organisation.

Could you apply for ill health retirement? In my work it is instigated by the employee, assessed by our Occupational Health department, and then approved or declined. One criteria is that the individual would have to remain medically unfit for work until their retirement age but this is to allow them to draw their full pension early.

How long are they prepared to support your absence for? I would suggest asking for a meeting with your manager, + possibly someone from HR, and asking what will happen, what's their absence policy, what support is available for you etc. Ultimately if you resign you probably don't gain anything financially, if they dismiss you on the grounds of your ill-health you should get your contractual notice / outstanding hols + anything else specified in your contract but of course you can't make them dismiss you!

Definitely try to get a meeting to talk it through. Good luck!

sammyjammy

My first two questions would be why aren't you on half pay? As a Civil Servant (are you?) you are entitled to six months full pay and six months half pay before you go onto pension rate (which in DWP is not up t oyour line manager but jsut something that happens if you are a permanent employee), also why are you not having KIT meetings with your Line manager this is a requirement in my dept that you have a meeting with your LM every 28 days whether that be over the phone/face to face etc.

Something doesn't seem quite right.

modplod

sammyjammy wrote: »

My first two questions would be why aren't you on half pay? As a Civil Servant (are you?) you are entitled to six months full pay and six months half pay before you go onto pension rate (which in DWP is not up t oyour line manager but jsut something that happens if you are a permanent employee), also why are you not having KIT meetings with your Line manager this is a requirement in my dept that you have a meeting with your LM every 28 days whether that be over the phone/face to face etc.

Something doesn't seem quite right.

Thanks for the reply. firstly, yes, I am a civil servant. And the way they work out the money is first 6 months at full pay, then they add all your sick time together for the previous 4 years and only pay half-pay for the remaining period to take it up to 12 months (if that makes sense to you)

My LM has phoned me up occasionally, not with the frequency you state though - there is some policy in place from PPPA that states LM's can't contact you whilst you're off sick too.

You mentioned 'pension rate'. What exactly do you mean by that? I am a permanent employee so is this something that I should be asking/forcing for??

Any more help would be great, as I said, just living off of ESA is very, very hard indeed.

Emmzi

I wouldn't get over exited about the MS - I have it too, nad it depends how your symptoms go wether it actually falls under DDA or not (I'm a not almost all the time as I have virtually no symptoms) - so think about your symptoms rather than your condition.

Sadly no one is going to be able to make much of a decision until your prognosis is better evaluated. When are you due a follow up appointment? All I can suggest is keep chasing your consultant up.

modplod

Emmzi wrote: »

I wouldn't get over exited about the MS - I have it too, nad it depends how your symptoms go wether it actually falls under DDA or not (I'm a not almost all the time as I have virtually no symptoms) - so think about your symptoms rather than your condition.

Sadly no one is going to be able to make much of a decision until your prognosis is better evaluated. When are you due a follow up appointment? All I can suggest is keep chasing your consultant up.

I'm not bothered by the MS. At first I was self-injecting with Rebif and then Copaxone but my symptoms were so good that it was ceased until I needed it more. The only reason I mentioned it was the fact that ATOS Origin mentioned it in their first report (stating that I come under the remit of the DDA becasue I suffer from MS) - was not too sure if that could be a contributary factor in not hearing anything from work.

I too thought that would possibly be the case. My next referal should have been 8 weeks after the first op. The date I've been given however is the 31st January. I've already pushed my GP to harrass the Consultant to try and get me an earlier appointment but, being so close to Christmas now, I don't hold much hope.

Thanks for the reply.