Ill-health retirement

LuckyPenny

Hi
I have been off work for 3 years. Out of the blue my company contacted me 18 months ago and asked would I be interested in ill health retirement. Basically it came to nothing and dragged on for a while. There was a new HR person so I had to go to another medical appointment to assess my eligibility. So I was eligible but it had to be authorised by a few people. 2 months later I have received a letter to say my employment will end on 29th Feb 16. The thing is I still get a small monthly payment each month and other benefits. I was a bit shocked when I got this letter a week ago. I haven't responded. I thought that I would be given my contractual notice but I have just been asked to resign as at 29th Feb. Should I expect or can legitimately ask for my contractual notice?
Thanks Penny

Undervalued

LuckyPenny wrote: »

Hi
I have been off work for 3 years. Out of the blue my company contacted me 18 months ago and asked would I be interested in ill health retirement. Basically it came to nothing and dragged on for a while. There was a new HR person so I had to go to another medical appointment to assess my eligibility. So I was eligible but it had to be authorised by a few people. 2 months later I have received a letter to say my employment will end on 29th Feb 16. The thing is I still get a small monthly payment each month and other benefits. I was a bit shocked when I got this letter a week ago. I haven't responded. I thought that I would be given my contractual notice but I have just been asked to resign as at 29th Feb. Should I expect or can legitimately ask for my contractual notice?
Thanks Penny

Yes you can. They must give you the greater of your contractual notice or statutory which would be one week for each complete year of employment up to a maximum of 12. Generally they would have to pay you in full for the notice period even if you are currently getting zero sick pay.

They must also pay you for all accrued statutory holiday (assuming you have not already taken it as a means of extending your sick pay). You cannot however lose your statutory holiday as a result of being off sick and this has to be carried over.

If you normally get holiday over and above the statutory 28 days then the company may have rules which mean you lose the extra.

Do not resign without taking proper advice. Generally it is better to let them terminate your employment for a whole number of reasons.

LuckyPenny

Thanks for responding. i am getting paid my holiday each month. They are offering to put £25k into my pension

ohreally

Do not resign until you have taken advice!

Are the pension administrators content to pay your pension from this point? What happens if you health improves?

Undervalued

LuckyPenny wrote: »

Thanks for responding. i am getting paid my holiday each month. They are offering to put £25k into my pension

As OhReally says you need to take advice on this.

Given the huge length of sickness absence they could almost certainly terminate your employment just by paying your notice as I said earlier.

It may well be what they are offering is a good deal but it would be as well to be sure.

LuckyPenny

I'll call ACAS and see what they say

Undervalued

LuckyPenny wrote: »

I'll call ACAS and see what they say

Sorry but that is no substitute for proper legal advice. At the first level ACAS helpline is simply a call centre staffed by people with limited training largely reading from a script.

By all means talk to them but keep this in mind. Sadly forums like this are littered with examples of people saying "ACAS said" then quoting something totally wrong. So either they were given bad advice or they misunderstood what they were being told.

Takeaway_Addict

This is one of those occasions that spending a little up front might benefit long term.

I would not trust ACAS on this.

LuckyPenny

I have access to a Employment Law helpline at work so will give them a go, I'm sure by bosses wouldn't mind.

ohreally

LuckyPenny wrote: »

I have access to a Employment Law helpline at work

Ensure there's no conflict of interest there!

LuckyPenny

Got P45 today!