LGPS ill health retirement vs Capabilty

Gatcom

Hi, someone please help me to wrap my head around this.
i am 42 with a serious spinal injury I have been  an LGPS member for 20+ years Im pretty sure I will qualify with Occ Health with a Tier 1 / Tier 2 retirement ill health decision. (Easily provable medical evidence) The issue is my employer, they will walk through fire rather than pay me out (make up the pension shortfall) and I believe that it would be easier for them to sack me under Capability’s.   What is stopping the employer doing this ?.. I am a long time union member but have no faith in them whatsoever, should I swallow the money and employ a solicitor if push comes to shove.   

Silvertabby

In the case of ill health retirement, unlike redundancy, etc, the employer doesn't have to throw a sum of money into the fund as the extra costs are borne by the LGPS.  That said, an employer with a higher than average number of ill health retirees may find that their employer contributions are increased at review time, but that isn't your problem.

Let's just say that the Pensions Ombudsman is likely to take a very dim view of a case in which  the Occ Health Dr recommended someone for IHR, but the employer refused to approve it on the grounds of cost.

Hopefully, it won't come to that.  First thing is get your Occ Health decision and take it from there.  Just be aware that a Tier 1 or 2 may not be a foregone conclusion, as the Occ Health team will also consider if it would be possible for your work area to be adapted to enable you to carry on working (more likely with a desk job).  If Occ Health say that you can carry on working subject to X, Y& Z - but you refuse, then, yes, you could be dismissed.

Don't rule out asking for help from your union should you find that you need to go down the complaints process - this sort of thing is their bread and butter.