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Ill health severance help please

Hi I need some advice please.
I work for a public transport company after approx 8 months working for them I developed tendinitis in my elbow for which I have received ongoing treatment resulting in an unsuccessful operation 12 weeks ago. Due to tendinitis I stooped carrying out duties with right arm and swapped to left, I then developed cubital tunnel in my left elbow. I received treatment but had to have an operatiion 2 weeks ago.
Occupational health declared me unfit for duty in December 2015, since then I have not worked. I received a letter asking me to attend a meeting to discuss ill health severance so what happens now? i am not part of a union.
Many thanks

Comments

  • sangie595
    sangie595 Posts: 6,092 Forumite
    creezygal wrote: »
    Hi I need some advice please.
    I work for a public transport company after approx 8 months working for them I developed tendinitis in my elbow for which I have received ongoing treatment resulting in an unsuccessful operation 12 weeks ago. Due to tendinitis I stooped carrying out duties with right arm and swapped to left, I then developed cubital tunnel in my left elbow. I received treatment but had to have an operatiion 2 weeks ago.
    Occupational health declared me unfit for duty in December 2015, since then I have not worked. I received a letter asking me to attend a meeting to discuss ill health severance so what happens now? i am not part of a union.
    Many thanks
    Unless you are extraordinarily lucky and have the best possible pension plan in the world (unlikely), then this is a polite way of saying "at best, we might offer a small sweetener to you to go peacefully; alternatively what we mean is that we intend to dismiss you as you are not capable of working for us".

    The relevance of the pension policy is that a number of public services and former public services have policies in place that cover ill health retirement and pay out a pension if someone is incapable of working. However, given your short period of work it is unlikely that they would accept that such long term damage could have occurred as a result of your employment, unless there were exceptional circumstances - and in the latter case, this would be more likely to be a legal claim that a pension claim, because we would be talking about something potentially (very) negligent.

    On that basis, this would revert to a basic situation. The employer must see whether reasonable adjustments are possible, and/or whether other work is available that would allow you to return to work. If that is not the case, they will commence a dismissal on the grounds of capacity (you can't do the job you are employed to do), and that will lead to dismissal. You would be entitled to notice pay (unless your contractual notice is longer by a week or more than statutory notice - which appears to be a week in your case) and accrued annual leave.
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If you are incapable of doing your job then they can dismiss you.

    You mention that you have had an operation - do you know whether it was sucessful and how soon you are liekly to be fit to return to work? If you are liekly to be able to return in the very near future then they may be willing to take this into account and to delay any termination to see whether you do make a full recovery, but it sounds as though they have already been pretty patient.And given your hsitory it sounds as though there would be a high risk of you having further problems if you were to return to work.

    How long have you been employed there altogether?

    Is there any alterntaive work you might be able to do?
    Ifso, you could raise this at the meetingto ask whether they would consider it , but they are not obliged to do so.

    Even if your condition is classed as a disabuility (and I am not sure whether it would be) that doesn't prtect you from dismissal, it just means that they would have to consider whether there are reasonable adjustments they could make to enable you to work.

    Legally, they are only required to pay you your notice period (although you may not be entitled to pay if you are on sick leave and have used up your paid sickness entitlement). Thay may be willing to offer you a severance payment, and you may be able to agree with them that they will provide a reference, for example.

    If you think you will be fit for work in the very near future then it would be worth making them aware of this and providing evidence such as a docotor's letter if at all possible.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Undervalued
    Undervalued Posts: 9,358 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    sangie595 wrote: »
    Unless you are extraordinarily lucky and have the best possible pension plan in the world (unlikely), then this is a polite way of saying "at best, we might offer a small sweetener to you to go peacefully; alternatively what we mean is that we intend to dismiss you as you are not capable of working for us".

    The relevance of the pension policy is that a number of public services and former public services have policies in place that cover ill health retirement and pay out a pension if someone is incapable of working. However, given your short period of work it is unlikely that they would accept that such long term damage could have occurred as a result of your employment, unless there were exceptional circumstances - and in the latter case, this would be more likely to be a legal claim that a pension claim, because we would be talking about something potentially (very) negligent.

    On that basis, this would revert to a basic situation. The employer must see whether reasonable adjustments are possible, and/or whether other work is available that would allow you to return to work. If that is not the case, they will commence a dismissal on the grounds of capacity (you can't do the job you are employed to do), and that will lead to dismissal. You would be entitled to notice pay (unless your contractual notice is longer by a week or more than statutory notice - which appears to be a week in your case) and accrued annual leave.

    Only if the OP's injury / illness amounts to a disability (for employment law purposes). Unless it does they are under no obligations to make any adjustments at all.

    Obviously that is not to say that they won't. Many employers show far more flexibility and understanding than the law actually requires.
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