Long term illness and now redundancy

tjak

I have been off since beginning April and am currently signed off until mid September, due to a flare up of fibromyalgia. I work for HSBC and have had occupational health referral and now an Independent Medical Assessment confirming I will be unable to return to my existing job. I have to be re-assessed at the end September to see if I have stabilised enough to be able to commit to some kind of work.

I am still on full time pay, and would move onto Group Income Protection in October.

In the meantime, my post is being made redundant, and I would be expected to re-apply for a similar role. If I don't get an new role, I will be on 4 months notice from end August.

Any advice on my position here?
If terminated, would my income protection stop as I would no longer be an employee? Should I be applying for a job in the knowledge that I have been medically assessed as unable to do it?

Sorry, I know this is a complicated set of questions!

Thanks for any advice

hostie

Hello, I´m afraid I can´t help but I thought I´d reply to bump this up in case someone else can help you.

Are you sure you are entitled to income protection if you are able to do another role?

pinklady21

Hi there
I think that as you are unable to work through illness, your employer would have to be careful that in making you redundant, they end up denying you your contractual right to sickness pay and then the group insurance payments.
Technically, you may then be able to sue them for the contractual benefits you have lost.
Sorry this sounds complicated, you might be wise to check out your legal position with an employment lawyer. Alternatively check your house insurance policy, you may be entitled to legal advice.
Best of luck

tjak

Thanks, I have been told by my manager that they need to proceed with the redundancy in line with everyone else - ie I wont have any special treatment. I have been asked to have a meeting with my redeployment manager in the next week or so, even though I am off sick. I am a member of Unite, and am waiting to hear back from them.
:mad:

zzzLazyDaisy

pinklady21 wrote: »

Hi there
I think that as you are unable to work through illness, your employer would have to be careful that in making you redundant, they end up denying you your contractual right to sickness pay and then the group insurance payments.

This is excellent advice.

As you are in a union, use them. This is a potentially complicated legal area, so don't accept advice from a shop floor rep, ask to speak to one of the regional reps, as they have access to the legal team.

Basically you need to be doing everything you can to stay in employment until the income protection policy kicks in. If this means applying for jobs that you would be suitable but for your current health problems, so be it. There is little point in employers providing this extra layer of contractual ill health provision and then terminating the employment with the result that the employee can't actually get the benefit. There is case law on this, and the union's legal team will (should) be well aware of your rights in this situation.

hostie

There is some good advice here, maybe someone can help me, I have been signed off as unable to do my job, but I could work in a different role. I have been told that I am therefore ineligible for my company income protection policy. I don´t think there is going to be another role that I could do within my company and so I think they are going to dismiss me as I can´t fulfill my contract. Is there anything I can do?

SarEl

These cases are slightly different. Where there is a possible redundancy situation (and quite likely a disability) then the employer is on dodgy ground, as zzzLazyDaisy says, if they attempt to terminate through redundancy. And the OP appears to be unable to work at all, which is important. In the latter case this appears to be an issue with a combination of the fact that you can work (just not in the role you have) and the fact that many such policies preclude claims unless the employee is unable to work at all. That includes even if the employer is unable to offer you work that you can do. You would need to take advice on the policy in place - I am afraid that whilst I do not deal with this area I have seen quite a few cases where the provisions of the policy preclude claims where the employee is able to undertake some form of work - whether it is available or not.

zzzLazyDaisy

hostie wrote: »

There is some good advice here, maybe someone can help me, I have been signed off as unable to do my job, but I could work in a different role. I have been told that I am therefore ineligible for my company income protection policy. I don´t think there is going to be another role that I could do within my company and so I think they are going to dismiss me as I can´t fulfill my contract. Is there anything I can do?

You need to get a copy of the rules of the income protection scheme and get someone to go through it with a fine tooth comb. As SarEl has pointed out, there are two types of policy - 'Own occupation' and ''any occupation'. The first kicks in provided you are unable to do the job you are contracted to do, through illness or injury, and you meet whatever qualifying criteria are laid down in the scheme. The second only kicks in if you are unable to do any form of work. There is obviously a vast difference between the two types of scheme, hence the need to get advice tailored to your own particular circumstances.

hostie

Thanks i have been trying to get to see the income Protection Policy for months now but my emails get ignored. I have been tole by the uni!n that i wont get ip if i am able to do some kind of work but i just wanted to look at the Policy myself. It feels as though my company really dont want me to see it.

Does anyone have any advice on how i can get to see the Policy?

pinklady21

Hostie
You have a right to see the policy - you could ask your Union to assist? Or write to the head of HR?
Might be an idea to find an employment lawyer who can help you.