NHS pension ill health/ redeployment etc

[Deleted User]

polgara wrote: »

Well it does carry on accruing whilst on zero pay which is one reason that many employers move to capability process.

Also many organisations will only allow you to carry over annual leave in line with statutory entitlement not contractual so its best to take annual leave sooner rather than later.

Right. So if she remains employed for the year (albeit on zero pay) shes still entitled to get PAID for any holidays accrued? Or is that wrong?

[Deleted User]

Bethie71 wrote: »

Hi there, I just wanted to say that I am going through this process at the moment....in fact I should receive my decision on my ill health retirement in the next day or two!
I worked for the NHS (paramedic) and this was my experience.
Aug 2013 went on long term sick with nerve entrapment in arm (can't grip etc) had HR reviews and Occy health assessments over the next 12 months, had my final review in Oct 2014 where it was decided that I wasn't fit for duties so a capability hearing was booked for Dec 2014. Nov 2014 asked HR for the pension application form, which they filled in their part (this was NOT seen as me resigning) Dec 2014 had a functional capacity assessment 1 week prior to my capability hearing where it was decided that I wasn't fit for my duties, Occy health had said I was only capable of doing 30% of the tasks needed to be a paramedic....so my employment was terminated. I was given 12 weeks full pay plus 5 weeks accrued annual leave at full pay. It was made clear I was in the process of applying for pension but this didn't affect the outcome. I had been looking for redeployment prior to this but nothing came up....hope this helps. Good luck,
B

Tried asking HR about the pension thing - they're saying nothing to do with them.

Assume you went from full pay to half pay to zero in this time? So did they give you this 12 weeks as extra when they terminated? I assumed if they got rid you wouldnt anything if you were already on zero pay?

Undervalued

[quote=[Deleted User];68343894]Tried asking HR about the pension thing - they're saying nothing to do with them.

Assume you went from full pay to half pay to zero in this time? So did they give you this 12 weeks as extra when they terminated? I assumed if they got rid you wouldnt anything if you were already on zero pay?[/QUOTE]

You would still be entitled to statutory notice (one week for each full year of service up to twelve) and this generally has to be paid in full even if you had reached zero sick pay. I say generally as this can be complicated by your contractual notice entitlement.

You are also entitled to accrued statutory holiday. Any entitlement to more holiday than the statutory minimum might be reduced or zero depending on your contract.

[Deleted User]

Undervalued wrote: »

You would still be entitled to statutory notice (one week for each full year of service up to twelve) and this generally has to be paid in full even if you had reached zero sick pay. I say generally as this can be complicated by your contractual notice entitlement.

You are also entitled to accrued statutory holiday. Any entitlement to more holiday than the statutory minimum might be reduced or zero depending on your contract.

Ah thanks. Didnt know that. Assumed once you were on zero pay then there was zero paid.

Yes know about accrued leave. But since wife is on zero after may I assumed that it would be (as an example say 30 days a year):-

1. 5 days paid (2.5 days per month for april and may).
2. 25 days (2.5 x 10 months) at zero because pay was zero at this time.

Or is this wrong? i.e. you get paid leave regardless of actual pays status. i.e. all 30 days would be paid.

I did wonder if there is any point keeping job after pay goes to zero but if leave is paid then, in theory, you will get 2.5 days paid per month.

getmore4less

Normal pay should apply for accrued holiday, if using the average over the previous weeks then weeks with zero don't count and you keep going back till you find relevent weeks to make upt the total.

Thats a summary the exact deatails would need a trawl through the Working time regulations and the employment act.

Bethie71

Hi I have sent you a message, let me know if you didn't get it.
This is all very confusing and stressful isn't it! Yes I had 6 months full pay then 6 months half pay. I had ESA from around the time my pay went to half pay. My half pay finished in August, so between August and my dismissal in Dec I was on only ESA...tough time! HR did offer to pay me some A/L during that time, can't remember why I decided to take it at the end when it was all rolled up in my final payment in December.
I am assuming OH have said that your wife is unable to do her job, which is why redeployment is on the cards. I couldn't see anything suitable on the redeployment list, which is why a month before my dismissal hearing I decided to ask HR to start the AW33E form (IHR application) You will need your wife's GP or rheumatologist to say that the demands of her current role will have a detrimental effect on her health etc. You have nothing to lose to start the process now, just in case nothing comes up on the redeployment list. It doesn't get sent to pensions for some time as it takes (in my case 4 months) for everyone to fill in the forms before it is even sent to pensions!
Good luck with everything. I am still waiting for my decision...apparently it was posted yesterday...so may get it tomorrow, feeling nervous :-0
X

Bethie71

Oh and yes, leave is still accrued at full pay rate, even if you are currently on zero pay......this accrues right up until dismissal

[Deleted User]

Bethie71 wrote: »

Hi I have sent you a message, let me know if you didn't get it.
This is all very confusing and stressful isn't it! Yes I had 6 months full pay then 6 months half pay. I had ESA from around the time my pay went to half pay. My half pay finished in August, so between August and my dismissal in Dec I was on only ESA...tough time! HR did offer to pay me some A/L during that time, can't remember why I decided to take it at the end when it was all rolled up in my final payment in December.
I am assuming OH have said that your wife is unable to do her job, which is why redeployment is on the cards. I couldn't see anything suitable on the redeployment list, which is why a month before my dismissal hearing I decided to ask HR to start the AW33E form (IHR application) You will need your wife's GP or rheumatologist to say that the demands of her current role will have a detrimental effect on her health etc. You have nothing to lose to start the process now, just in case nothing comes up on the redeployment list. It doesn't get sent to pensions for some time as it takes (in my case 4 months) for everyone to fill in the forms before it is even sent to pensions!
Good luck with everything. I am still waiting for my decision...apparently it was posted yesterday...so may get it tomorrow, feeling nervous :-0
X

Very similar. Yes shes been on ESA plus half pay since december but this runs out soon so it'll be ESA only. Yes trying to get the pension thing does as an option. Too long on just ESA will not be cool.

Its all a bit up in the air with OH. Theyre a bit slow. But pretty confident there wont be a problem there.

But nice to know at least a few days per month will be paid in leave eventually. Also bonus to know if they terminate she'll get a few months pay (shes been there 15 years) - assumed they just got rid of you.

polgara

I'm actually amazed they haven't already to be honest! We have very few people off for more than 6 months - any longer and they are generally complex cancer/head injuries or strokes. No prognosis of a return would generally go straight to a hearing.

One option could they take the case to a hearing and terminate with notice - the notice would include the time on the redeployment register. This is generally used when contractual or statutory notice is the time period of time on the redeployment register.

Personally I think she's got the best of the the sick pay process and needs to think of long term options as redeployment is obviously not suitable otherwise she'd have been trying to get back to work earlier.

[Deleted User]

polgara wrote: »

I'm actually amazed they haven't already to be honest! We have very few people off for more than 6 months - any longer and they are generally complex cancer/head injuries or strokes. No prognosis of a return would generally go straight to a hearing.

One option could they take the case to a hearing and terminate with notice - the notice would include the time on the redeployment register. This is generally used when contractual or statutory notice is the time period of time on the redeployment register.

Personally I think she's got the best of the the sick pay process and needs to think of long term options as redeployment is obviously not suitable otherwise she'd have been trying to get back to work earlier.

Coming up 12 months now. They've not been the most organised I must admit.

She sbeen unofficially looking for redeployment for months but HR havent sorted it officially yet.