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Retirement on medical grounds
VfM4meplse
Posts: 34,269 Forumite
A friend has been offered retirement on medical grounds. What does this mean, legally?
He is far from retirement age, and capable of working in some capacity albeit not in his current role, but his employer has not been able to offer a suitable redeployment option. Yes he has a chronic health condition but there are possible employment opportunities. He is comfortably off and has no intention of claiming any unemployment benefits. I'm personally worried that if he accepts the "retirement" settlement it will cement his view that he is unable to do anything vaguely useful for society and he'll deteriorate psychologically and give up on any attempts to self-manage his condition.
If he were to take this option, what are the implications for future employment? Does it need to be declared under "reason for leaving" when applying for other jobs? I'd just like him to be fully informed before taking this step.
He is far from retirement age, and capable of working in some capacity albeit not in his current role, but his employer has not been able to offer a suitable redeployment option. Yes he has a chronic health condition but there are possible employment opportunities. He is comfortably off and has no intention of claiming any unemployment benefits. I'm personally worried that if he accepts the "retirement" settlement it will cement his view that he is unable to do anything vaguely useful for society and he'll deteriorate psychologically and give up on any attempts to self-manage his condition.
If he were to take this option, what are the implications for future employment? Does it need to be declared under "reason for leaving" when applying for other jobs? I'd just like him to be fully informed before taking this step.
Value-for-money-for-me-puhleeze!
"No man is worth, crawling on the earth"- adapted from Bob Crewe and Bob Gaudio
Hope is not a strategy
...A child is for life, not just 18 years....Don't get me started on the NHS, because you won't win...I love chaz-ing!
"No man is worth, crawling on the earth"- adapted from Bob Crewe and Bob Gaudio
Hope is not a strategy
...A child is for life, not just 18 years....Don't get me started on the NHS, because you won't win...I love chaz-ing!0
Comments
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VfM4meplse wrote: »A friend has been offered retirement on medical grounds. What does this mean, legally?
He is far from retirement age, and capable of working in some capacity albeit not in his current role, but his employer has not been able to offer a suitable redeployment option. Yes he has a chronic health condition but there are possible employment opportunities. He is comfortably off and has no intention of claiming any unemployment benefits. I'm personally worried that if he accepts the "retirement" settlement it will cement his view that he is unable to do anything vaguely useful for society and he'll deteriorate psychologically and give up on any attempts to self-manage his condition.
If he were to take this option, what are the implications for future employment? Does it need to be declared under "reason for leaving" when applying for other jobs? I'd just like him to be fully informed before taking this step.
He needs to check the terms of the medical retirement - many will not pay out if you are capable of doing any work and/or return to work. They are related to the ability to work in any capacity, not to a specific role.
If he is asked for a reason for leaving and says something other than the truth, then if it comes to light (and it may) he can be dismissed. Few employers would be sympathetic to anything but the truth - if his condition is such that he has been medically retired, then they have a right to know that and to decide for themselves whether there is a risk to him or them in his taking other employment.0 -
I thought as much. It seems that taking this route would also remove any incentive to work ever againIf he is asked for a reason for leaving and says something other than the truth, then if it comes to light (and it may) he can be dismissed. Few employers would be sympathetic to anything but the truth - if his condition is such that he has been medically retired, then they have a right to know that and to decide for themselves whether there is a risk to him or them in his taking other employment.
Value-for-money-for-me-puhleeze!
"No man is worth, crawling on the earth"- adapted from Bob Crewe and Bob Gaudio
Hope is not a strategy...A child is for life, not just 18 years....Don't get me started on the NHS, because you won't win...I love chaz-ing!0 -
VfM4meplse wrote: »A friend has been offered retirement on medical grounds. What does this mean, legally?
He is far from retirement age, and capable of working in some capacity albeit not in his current role, but his employer has not been able to offer a suitable redeployment option. Yes he has a chronic health condition but there are possible employment opportunities. He is comfortably off and has no intention of claiming any unemployment benefits. I'm personally worried that if he accepts the "retirement" settlement it will cement his view that he is unable to do anything vaguely useful for society and he'll deteriorate psychologically and give up on any attempts to self-manage his condition.
If he were to take this option, what are the implications for future employment? Does it need to be declared under "reason for leaving" when applying for other jobs? I'd just like him to be fully informed before taking this step.
Why do you feel it will 'cement his view that he is unable to do anything vaguely useful for society and he'll deteriorate psychologically'? That is a very odd conclusion to draw from ill health retirement.
It might be the best thing to ever happen to him - after all, you say he is 'comfortably off' so he may actually go from strength to strength.
Without the worry of having to be well enough to work set hours he may be able to recuperate and then indulge his other interests / hobbies... he could have a whale of a time.
He could join clubs, volunteer etc.
The stress of having to be 'well enough' to work will have been lifted and so he can rest when his condition requires it and make the most of the times when he feels better.
If he doesn't have to work and he will be independent of the state then I wish him very good luck in a long and happy life.:hello:0 -
I took early retirement on medical grounds when I was 44. I took a year or so off, went back into education for a couple of years and was working again by the time I was 50. I had 4 jobs after that with never any problems with either applications or doing the work.
Mind you, that was before the recession.0 -
Although he has interests and a voluntary role, he has always enjoyed the status his professional position has offered him, and will freely admit that to some extent been a person that has allowed his work to define him. Money does not come into it, he can take it or leave it.Tiddlywinks wrote: »Why do you feel it will 'cement his view that he is unable to do anything vaguely useful for society and he'll deteriorate psychologically'? That is a very odd conclusion to draw from ill health retirement.
He's less than happy at not working in a professional capacity but after months of not working is starting to adopt a victim mentality and not doing much at all (his words not mine). I can see this being the thin end of the wedge.
It is of course his decision but I'd prefer that he understand the implications of whichever decision he makes.Value-for-money-for-me-puhleeze!
"No man is worth, crawling on the earth"- adapted from Bob Crewe and Bob Gaudio
Hope is not a strategy...A child is for life, not just 18 years....Don't get me started on the NHS, because you won't win...I love chaz-ing!0 -
VfM4meplse wrote: »Although he has interests and a voluntary role, he has always enjoyed the status his professional position has offered him, and will freely admit that to some extent been a person that has allowed his work to define him. Money does not come into it, he can take it or leave it.
He's less than happy at not working in a professional capacity but after months of not working is starting to adopt a victim mentality and not doing much at all (his words not mine). I can see this being the thin end of the wedge.
It is of course his decision but I'd prefer that he understand the implications of whichever decision he makes.
At this point it is. However most companies offering IHR will be looking at a short term fix vs dismissal over sickness/performance management.
If money isnt a driver,is a part time/flexi role and lower pay an option?0 -
My husband was retired due to ill health (he has parkinsonism and psychotic mood disorder - both chronic, probably linked and likely to deteriorate over time).
His pension means he has a small amount of financial security, and he can concentrate on keeping himself as fit and healthy as possible instead of trying (and failing) to hold down a job.
Yes he has struggled with no longer working (the social side of work and the feelings of loss from losing his job) but he now has the energy to enjoy new hobbies (archery, watching his local football team, going to the cinema) all things he would have been too tired to do if he was still working. When he was working he was too tired and in too much pain to do anything other than rest.
I would always recommend to my friends to go for the option providing the most guaranteed financial security (ie pension if it is available). Work can be replaced by voluntary work, studying, part time work, hobbies or some combination of the above.
Sometimes it is ok not to work full time you know?0 -
Is dismissal over sickness a legal option?At this point it is. However most companies offering IHR will be looking at a short term fix vs dismissal over sickness/performance management.Value-for-money-for-me-puhleeze!
"No man is worth, crawling on the earth"- adapted from Bob Crewe and Bob Gaudio
Hope is not a strategy...A child is for life, not just 18 years....Don't get me started on the NHS, because you won't win...I love chaz-ing!0 -
Dismissal due to incapacity/sickness is legal. There are more hoops for the employer to jump through with regards to alternatives, reasonable adjustments etc but the bottom line is that if a person is not able to carry out their duties and there is no expectation of them being able to do so in the future then the employer can dismiss on capability grounds.All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.0 -
This is very useful, thank you. If this were to happen, presumably it would need to be disclosed to future employers?Dismissal due to incapacity/sickness is legal. There are more hoops for the employer to jump through with regards to alternatives, reasonable adjustments etc but the bottom line is that if a person is not able to carry out their duties and there is no expectation of them being able to do so in the future then the employer can dismiss on capability grounds.Value-for-money-for-me-puhleeze!
"No man is worth, crawling on the earth"- adapted from Bob Crewe and Bob Gaudio
Hope is not a strategy...A child is for life, not just 18 years....Don't get me started on the NHS, because you won't win...I love chaz-ing!0
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