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Ill Health - Advice
bvj2016
Posts: 11 Forumite
Hello,
I'm looking for advice on behalf of my mother-in-law. She is 62, employed as a cleaner at a school (25 years service) working 15 hours a week on approx £130.
She has been signed off with stress for the past 4 months - has had a consultation with the doctor who describes her as being regarded as "disabled" and currently unable to return in his assessment sent to her and the employer (local council) due to ailments included back and knee problems, diabetes as well as stress.
She has had various "wellbeing" meetings and has been asked when she thinks she'll be back and that they can't carry on as they are? Not quite sure that they should be asking but that's not the purpose of my request! They have suggested reducing her hours to 10 - missing the point that she cannot currently do the job.
The situation is adding to her stress, I guess I'm looking for advice on....
- Can they end her employment? If so, can it be on anything other than ill health?
- If they were to finish her on ill health - would she be entitled to any severance pay?
- Should she just give in her notice rather than add to her stress?
She doesn't really want to leave her role - she enjoys it when she can actually do it. But, we have questioned with her if it's actually worth the additional stress that she is under due to the uncertainty of what could happen if she is unfit to return.
Thanks for reading!
I'm looking for advice on behalf of my mother-in-law. She is 62, employed as a cleaner at a school (25 years service) working 15 hours a week on approx £130.
She has been signed off with stress for the past 4 months - has had a consultation with the doctor who describes her as being regarded as "disabled" and currently unable to return in his assessment sent to her and the employer (local council) due to ailments included back and knee problems, diabetes as well as stress.
She has had various "wellbeing" meetings and has been asked when she thinks she'll be back and that they can't carry on as they are? Not quite sure that they should be asking but that's not the purpose of my request! They have suggested reducing her hours to 10 - missing the point that she cannot currently do the job.
The situation is adding to her stress, I guess I'm looking for advice on....
- Can they end her employment? If so, can it be on anything other than ill health?
- If they were to finish her on ill health - would she be entitled to any severance pay?
- Should she just give in her notice rather than add to her stress?
She doesn't really want to leave her role - she enjoys it when she can actually do it. But, we have questioned with her if it's actually worth the additional stress that she is under due to the uncertainty of what could happen if she is unfit to return.
Thanks for reading!
0
Comments
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If she's not able to do her job then its most likely she will be dismissed on capability grounds, there is unlikely to be severance pay but she should be paid for any outstanding holidays etc.1
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1. Yes - they cannot be expected to pay someone for a job they will never be able to do again. Fair reason for dismissal would be capability (sounds like it is fair so far but will depend on them following their procedure and making reasonable adjustments which the reduction of hours would be - it is not a reasonable adjustment to pay someone for hours they won't be working)
2. She will get PILON and it will be based on THEIR notice to give her I.e. contractual, only summary dismissal (usually gross misconduct) is without pay. She would also get any unused accrued annual leave.
3. Depends on her notice period, if it is more favourable than the notice they give her then she will get PILON and again, any unused accrued annual leave etc.
Might be more entitlements depending on the organisation's policies which obviously we don't have here. Advise her to speak with her Union if they have one and she is a member.
1 -
If dismissed on capability grounds, I think it unlikely she would get a PILON payment.
What she would be entitled to is pay (at full hourly rate for her contracted hours, not the proposed reduced hours) for the period of her notice, which would be 12 weeks if she has always worked for the same employer (school or local authority) without a break.
If she is able to work if the contracted hours are reduced but then this didn't work out and she was deemed not capable of performing her duties, she would still be entitled to 12 weeks pay at her full hourly rate but obviously that would be on 10 hours (or whatever was eventually agreed).1
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