Will shortly be dismissed due to ill health. Advice needed please

angelinamay

Hi,  
My partner is 63 years old, and has worked for the company almost 14 years. He had knee surgery  3 years ago on right knee, which remedied the issue.  For the past year, he's had a problem with the left knee, which has been diagnosed as Osteoarthritis which will only deteriorate. He's been fitted with a knee brace.  He's been on Furlough for 14 months apart from twice being called back, the second time, his knee locked and therefore couldn't work and was put on sick leave.  He's had an interview with HR and his fleet manager recently, who advised he will likely be dismissed as unable to fulfil his work duties by the end of this month. The wear and tear on his knees has been accelerated by the job he's been doing, but he claim compensation.  My question is this.  He isn't trained to do any other job (he's an HGV Driver) and will need (in the first instance) to sign on.  Should he contact DSS now, or wait until he's actually dismissed?  The big issue is, he CANNOT drive for any length of time, and as things are these days, isn't permitted to have 'breaks' by getting out of the cab.  This is of course, had he been able to actually CLIMB into the cab in the first place! He's not been out of work for one day during his working years. 
Thanks

74jax

What does he think he could do?
I know you say he's not trained for anything else but most places offer training anyway.
Can he sit for a period of time? What about a check out operator? 
Can he use a computer?
In answer to your question I would wait as it could be a while yet. You can also complete forms online. Your job coach will go through what you can /can't do and help find suitable opportunities. 

angelinamay

74jax said:

What does he think he could do?
I know you say he's not trained for anything else but most places offer training anyway.
Can he sit for a period of time? What about a check out operator? 
Can he use a computer?
In answer to your question I would wait as it could be a while yet. You can also complete forms online. Your job coach will go through what you can /can't do and help find suitable opportunities. 

Good morning and thanks for reply.  He is very much an outdoor person, and has on the odd occasion helped out in the office at work.  HE. HATED. IT and felt caged, so I guess that wouldn't be an option. 
That's the problem. He can't sit (that knee 'sets' and is painful) which is the reason he can no longer drive (not permitted to leave the cab for a 'stretch'). He cannot walk that far as again, that knee plays up.  Gladly, he isn't overweight as I imagine it could make things worse. 
Thanks 

TBagpuss

Wait, but in the mean time look at sites such as www.entitledto.co.uk and https://www.turn2us.org.uk/ to start to get a feel for what he may be able to claim and how much he might be entitled to.

I'd also start to think about what jobs might be suitable - if he doesn't want to do office work, he might look at something such as deliveries (supermarket home delivery drivers are usually doing lots of short trips and getting in and out of the van, but of course he would need to be able to lift and carry the trays, and the amount of driving might be too much for him ) or looking for work somewhere like a garden centre where he might be on the checkout but not shut in a small office, and possibly with the option of spending some of the time moving about a bit more, filling shelves, helping with looking after plants etc.

I don't think there are many outdoor jobs which don't require walking, but he mind find retail jobs less claustrophobic than an office.

depending on your finances, is part time work, or early retirement, an option? Might looking into driving a coach or minibus for school runs be worth looking into?  I am not sure whether coach companies with schools contracts take on any part time  drivers for those shorter runs, but it may be worth looking at . (or even your local bus company, if driving for shorter periods would be do-able, would part time bus driving be a possibility? 

alsuk

You state he is making a claim? You could ask your solicitor to request vocational rehabilitation for him, to look at his transferable skills and perhaps a job demands analysis to support him back into paid employment. 

elsien

It's not necessarily a quick process getting rid of someone on capability grounds who has been employed by a company for that length of time. If I were him, I would sit tight on sick leave while they follow their formal processes - he should not resign. What sick pay do the company give and how long for? If necessary, if it's SSP only, and depending on how much you earn (if you live together) he could claim universal credit while still employed by them. 

Jude57

elsien said:

It's not necessarily a quick process getting rid of someone on capability grounds who has been employed by a company for that length of time. If I were him, I would sit tight on sick leave while they follow their formal processes - he should not resign. What sick pay do the company give and how long for? If necessary, if it's SSP only, and depending on how much you earn (if you live together) he could claim universal credit while still employed by them. 

And while sitting tight, why not arrange an appointment with CAB for advice and support in claiming the benefits mentioned above? If you've never claimed before it can be a bit daunting so get help if you can. If you haven't a CAB nearby, your local Council may have welfare rights advisors who can also help.

theoretica

If he is dismissed (do not resign!) he will be entitled to pay for the notice period - I think this would work out at 12 weeks full pay - but check! 

Physically how has he been spending his  time if he has trouble walking or sitting?  Is standing good?