Ill Health Early Retirement or Dismissal on grounds of Capability Due to Ill Health

MX58

I wonder if you can help. A good friend of mine has been off sick since November with what could be long covid or could be fibromyalgia .Bottom line is he can't walk far and is tired headaches and in a lot of pain.  The pain got worse when he had the two Covid injections but went back down a few days after each jab.

His employer - large supermarket change have given him two weeks to decide between
Option 1 I'll Health and Early Retirement or
Option 2 Dismissal on grounds of Capability. 

There is no sign of the condition improving so the best option may be to think that he will not be able to return to work

Appreciate that I have only provided very basic facts but would be grateful for people's ideas as to the pitfalls or advantages of either option- as much as there can be an advantage in these circumstances.  
  

MalMonroe

How long has your friend worked there?

When employees have been off sick for a while, under the Equality Act 2010, an employer has to demonstrate that they have taken all appropriate steps to facilitate a return to work – including looking at alternative duties, hours and alternative roles where possible. 

Employers must also must make sure that they keep records of any discussions with employees about reasonable adjustments and why any are discounted – for example, because they are not practical for business reasons – and what alternatives were considered.

Has your friend's employer had any discussions with your friend at all?

Just giving your friend ultimatums such as the ones you have described could lead to your friend taking his employer to an Employment Tribunal (and winning), unless they have at least had a discussion with your friend about his illness.

Your friend should contact Acas as soon as possible to discuss his true options. 

https://www.acas.org.uk/contact

Thrugelmir

MX58 said:

Appreciate that I have only provided very basic facts but would be grateful for people's ideas as to the pitfalls or advantages of either option- as much as there can be an advantage in these circumstances.  
  

A discussion with the HR team seems appropriate. 

As a major employer they'll certainly have a written capability policy. Have you read it? 

Brie

Is he actually eligible to get an ill health pension?  If so is it enough to live on?  The process to get decisions made by the pension trustees and HR may take many months so hopefully this is not something someone has thought of just now.

On the other hand what are the implications of being dismissed?  Some employers will not touch you if he admits this is the official reason.  (& illegally but realistically will not want to employ him if he has a dreadful sickness record).

MX58

Thank you all very much indeed for your responses- some invaluable advice for him which I have forwarded to him. The employer has provided an ongoing sickness policy but the majority of the communication and the offer of retirement /ill health have been verbal and made by the store manager during frequent telephone calls and requires an answer in two weeks.Ironic as the manager came to work when she should have been isolating as people in the household had tested positive for Covid. Although in work the manager posted on social media the fact that the people she was living with had Covid. Next thing my friend was off ill with many of the symptoms of Covid but tested negative.

Anyway HR don;t seem to be involved at all to be honest - maybe behind the scenes but no direct contact whatsoever.
  
Frankly the impression is that they just want the matter concluded and want to move on and engage a replacement. It's a very competitive environment and staffing levels for a store are a major item. 

Anyway you've certainly given us food for thought which is ironic in a way given the employer is reputed to be "good with food".   

hyubh

MX58 said:

I wonder if you can help. A good friend of mine has been off sick since November with what could be long covid or could be fibromyalgia .Bottom line is he can't walk far and is tired headaches and in a lot of pain.  The pain got worse when he had the two Covid injections but went back down a few days after each jab.

His employer - large supermarket change have given him two weeks to decide between
Option 1 I'll Health and Early Retirement or
Option 2 Dismissal on grounds of Capability.   

Assuming there's an old DB (final salary or CARE) scheme involved here, the terms of an ill health retirement vary by scheme. In particular, some will involve cancelling what would be an 'actuarial reduction' for drawing the pension early, some will not (and some do or don't depending on the ill health's deemed seriousness according to a scheme-specific standard). So I'd get that clear first, personally.

gbhxu

This happened to me, but without the pension quandary.

He'll get more money if he chooses Option 2

Option 1 - He'd only get paid for holidays accrued to date

Option 2 - He'd get paid accrued holidays to date and pay in lieu of notice. (Accrued holidays should be a little more because it will also cover the number of weeks pay in lieu of notice)

dcfc67

Has your friend spoke to his union rep.

most supermarket workers join USDAW although some supermarkets have a strong Unite the Union membership

Manxman_in_exile

gbhxu said:

This happened to me, but without the pension quandary.

He'll get more money if he chooses Option 2

Option 1 - He'd only get paid for holidays accrued to date

Option 2 - He'd get paid accrued holidays to date and pay in lieu of notice. (Accrued holidays should be a little more because it will also cover the number of weeks pay in lieu of notice)

How can you arrive at that conclusion with no knowledge at all of the T&Cs of the employee's pension scheme, in particular any provisions for ill health retrement?  We don't even know if they are in one.

OP - nobody here can give any sensible advice at all.  Your friend really needs to ask their union - assuming they are in one.  I find it impossible to believe that your friend's manager can even think of putting ill health retirement forward as an option without HR and the pension scheme administrators knowing.

Purplelady65

Based on the information provided it is difficult to say what the best option might be. It depends on a range of factors. If they are in a pension scheme then if they are applying for ill health retirement and hoping to access their pension early then usually there is a process to go through and your friend would be assessed by an occupational Health physician as to the likelihood of them being able to work again or not. HR should be involved in these processes. Also your friend should ask for these two options to be confirmed in writing and what they would be paid and the processes involved.  The fact it’s all been done over the phone so far means your friend has no record of any of the conversations that have taken place. 

Retireinten

Option 2 he should get some holiday pay and PILON (one week for each year worked up to a max of 12 weeks).


He needs to find out what is on offer in respect of option 1 as it sounds like he may be entitled to pension payments at an enhanced or protected rate.  If he is over 55 it may just mean this triggers pension payments (but possibly at a reduced rate)


He needs to know what's on offer and in writing before he can make a decision. But does he want to actually leave.... because option 3 is he ensures there is no alternative job available that he is capable of doing.