Redundancy and Long Term Sickness

tjak

I have been with my employer for 6 years, but have been on long term sick leave for the past 14 months. I have been advised that I am at risk of redundancy, and am due to have a competency based interview this week.

However, I have fibromyalgia, and Occupational Health have already assessed me as being unable to return to my current job. It is a management role, very stressful, sales driven and involved a 4 hr commute daily.

While off work I have been paid through my employer's income protection policy, so this would stop if I am made redundant. But, I am not ready to return to work, so looking for a new job would be vey difficult.

Does anyone have a view on this or advice?
Thanks

Andy_L

Seems you are likely to be made redundant on capability grounds

Do they have a medical retirement/permanent health insurance scheme which would pay you an ill health pension?

tjak

I have a group income protection policy from my employer which is already in payment. I also have an entitlement to a ill health retirement pension.

Am I right in thinking that if I was made redundant on the grounds of capability, that I would be able to retain the income protection policy as it is already in payment?
I am covered by Disability Discrimination Act if that helps.

Before redundancies were announced I had been increasing my activities with a view to returning to part time work in an alternative role after summer (if one could be found for me). However, I had a relapse on Friday, and this is now in doubt.

Andy_L

tjak wrote: »

I have a group income protection policy from my employer which is already in payment. I also have an entitlement to a ill health retirement pension.

Am I right in thinking that if I was made redundant on the grounds of capability, that I would be able to retain the income protection policy as it is already in payment?

Depends on the policy rules. The IPP may pay out indefinitely or have a time limit. If so that limit may be coming up which is why they are moving towards dismissal on capability grounds.
I would suspect that you only get one of IPP or ill-health pension, from your employers/insurers point of view they may be one combined scheme anyway and the IPP changes into the ill-health pension. Although you may be lucky and get both

tjak

Thank you for this advice - the policy is a permanent health policy, so should pay out until age 65 (normal retirement age). I am due to have a review of this in June - as you say, the employer may view this as the same scheme.

So, in the greater picture, redundancy on grounds of capability my be a good option if income protection will continue to pay.

getmore4less

I would check carefully what is going on.

Dismisal on capabilty is not the same as redundacy

Are they really looking for redundancies?

Check the terms of the insurance policies.

There may be reasons they are trying to dismiss you rather thayn just get the policies to pay out if there is permanent health issues that will stop you worling.

check if you have any cover for legal advice some home insurance policies will cover employment issues.

tjak

There are over 2000 redundancies as the company is changing what services it offers so it is genuine.

getmore4less

tjak wrote: »

There are over 2000 redundancies as the company is changing what services it offers so it is genuine.

SO the important thing is to try to keep the insurance cover and/or get ill health retirement if things are that bad.

tjak

Got it in one - I was beginning to improve, but my hip spasm-ed again on Friday and it has started a major flare. My optimism about returning to work is always short lived.

I would like nothing more than to return to work, but with a 4 hr commute each day, it seems unlikely. I will make some phone calls tomorrow to the Income Protection department and to HR to suss out what they are thinking, but I feel better prepared for it now. Thanks all.

Emmzi

let's be clear - you cannot be redundant on capability grounds. Roles are made redundant not people.

You may however be prioritized in the redundancy process due to incapability. But the employer has to be careful about disability discrimination.

Your company may be different but I would consider an ill health retiral if someone had no realistic return to work date within 12 months. I suggest requesting a meeting with occupational health and seeing if this is an answer they are likely to give your employer...

RichardWilson_2

Hi,

The employment tribunal sent a default judgement in my favour as my ex employer failed to reply. The ex employer has now contested that saying they were not aware of the claim and had not received it. Yet it is strange that they received the default judgement without any problems and took action asap. I don't believe them and want to know what can happen and what I should do.

Any advice would be appreciated.

thanks
Richard