Ill health dismissal

jo358

I have a long term medical condition and been off sick since December due to complications. I had an informal absence meeting following an Occupational Health Assessment in March, and then had a follow up review by OH recently, where they said that they were unable to foresee a return to work in the near or medium term due to me still have problems with my health. I am also shielding due to being in the high risk vulnerable group so can’t go back to work yet anyway, but as the shielding is due to my overall health condition, I’ve extended my fit note as that is to do with my current state of health, as advised by OH.

Following the recent OH review, my employer has now sent me a letter to have a first stage formal absence meeting by telephone. Having checked the absence policy, it states that if there is no prospect of returning to work, then it will go straight onto the hearing stage to explore ill health dismissal, As OH cannot foresee me being fit for work in the near/medium future, does this mean that there is no prospect of returning to work? I don’t know either when I will be well enough as I am due to have further tests and investigations. which have been delayed due to the COVID outbreak.

Dox

jo358 said:

I have a long term medical condition and been off sick since December due to complications. I had an informal absence meeting following an Occupational Health Assessment in March, and then had a follow up review by OH recently, where they said that they were unable to foresee a return to work in the near or medium term due to me still have problems with my health. I am also shielding due to being in the high risk vulnerable group so can’t go back to work yet anyway, but as the shielding is due to my overall health condition, I’ve extended my fit note as that is to do with my current state of health, as advised by OH.

Following the recent OH review, my employer has now sent me a letter to have a first stage formal absence meeting by telephone. Having checked the absence policy, it states that if there is no prospect of returning to work, then it will go straight onto the hearing stage to explore ill health dismissal, As OH cannot foresee me being fit for work in the near/medium future, does this mean that there is no prospect of returning to work? I don’t know either when I will be well enough as I am due to have further tests and investigations. which have been delayed due to the COVID outbreak.

There's a big difference between 'no prospect of returning to work' and not being fit for work 'in the near/medium future'. You are in the latter category, and it's entirely reasonable that your employer wants a formal discussion - but it doesn't mean you are going to be dismissed now.

General_Grant

jo358 said:

. . .
Following the recent OH review, my employer has now sent me a letter to have a first stage formal absence meeting by telephone. Having checked the absence policy, it states that if there is no prospect of returning to work, then it will go straight onto the hearing stage to explore ill health dismissal, As OH cannot foresee me being fit for work in the near/medium future, does this mean that there is no prospect of returning to work? I don’t know either when I will be well enough as I am due to have further tests and investigations. which have been delayed due to the COVID outbreak.

Dox has replied.  I'd like to add:
A "first stage formal absence meeting" is not the same as going "straight onto the hearing stage".

TELLIT01

There are formal steps an employer has to go through (assuming over 2 years employment) and the naming of those stages, and the wording in the absence policy tends to be 'legal terminology' and can be worrying. 

Savvy_Sue

If you're in a union, you may want to speak to them too. It obviously won't affect your ability to return to work, but it may be helpful to have them on side during any formal process. 

General_Grant

TELLIT01 said:

There are formal steps an employer has to go through (assuming over 2 years employment) and the naming of those stages, and the wording in the absence policy tends to be 'legal terminology' and can be worrying. 

We don't know what steps might apply to the OP's employment, unless they work in Northern Ireland.

jo358

Thank you everybody, As things are, I do not know when/if I’ll be able to return to work in the foreseeable future, but things are not looking good healthwise at the moment. It is my hope that once I’ve had further tests and treatment depending on the results, that things will improve but I am not able to provide my employers with a reasonable timescale. I do know though, thaf this time of year is usually an easy time for me, but that if my current difficulties continue, then Winter is going to especially hard so I am hoping that we can get on top of it beforehand (I have a severe respiratory condition). Further investigations are delayed due to COVID, though I am in very regular contact with my specialist team and GP

jo358

General_Grant said:

TELLIT01 said:

There are formal steps an employer has to go through (assuming over 2 years employment) and the naming of those stages, and the wording in the absence policy tends to be 'legal terminology' and can be worrying. 

We don't know what steps might apply to the OP's employment, unless they work in Northern Ireland.

I am currently on the first formal stage of the process, what follows would be the second stage, which is similar to this one but where it is decided whether or not to proceed to the hearing process. However, during the first stage, if it is decided that there is no prospect of returning to work, then it goes straight onto the hearing stage.

At all of these stages, future employment is discussed. I have been working for them for seven years.

Marcon

I presume your employer doesn't offer any sort of Permanent Health Insurance (aka Salary Replacement Insurance)? Worth checking - many an employer has dismissed on health grounds without spotting the fatal flaw in their reasoning...

Also worth checking if you would qualify for any sort of enhanced ill health early retirement - unlikely if you are in a defined contribution scheme, but still worth finding out. If you are under 55, you'd need medical evidence which satisfies both the scheme and HMRC that you are too ill to be expected to work again between now and your pension scheme's normal retirement age.