Work capability dismissal or resign or ? help me make a decision

fender62

Iv been off my job since 31/03/2025 with fit notes given to employer and esa, im waiting for a work capability assessment phone call in order to put me into a work group tier, i have been on and out of hospital getting multiple scans mri's ct scan ultrasound brain scan etc, my current employer now wants me to make a decision, i have not had a diagnosis, besides bladder prostate problems of which i have to have another cytoscopy blood test etc, i have been having sudden dizziness like a light dimmer switch and tremors in my hand fingers and body, i require help when i have to go out just in case i fall, iv had a brain scan and now await to see a neurologist, my gp thinks i may have parkinsons disease, im also becoming incontinent, been taking sertraline because i cannot cope anymore with the current health and what if's financially, iv been to cab and told them my position and not much help about my leaving my job or getting dismissed, here are the minutes iv had with the hr in my public sector job, my pension was discussed and early retirement do to sickness after iv been to a doctor of there choice to say yes he's ill etc then get enhanced pension, i have not been diagnosed yet nhs waiting lists etc, it's all very depressing, like i cannot see an end to it, i do not know what decision i should give my employer wit the options i have: below are the minutes with the hr rep, im not in a union and time is not on my side.. i am 62 and have been with the same employer for over 20yrs, never took a day of sick in all that time..and You may wish to apply for a career break, school governors have the final yes or no for the career break.. may say no if they think i cannot do the job with dizziness etc.. in the long term, it's a mental and physical job.

Thank you for meeting with me yesterday to discuss your ongoing absence and current health situation. This meeting was held in line with the Schools Sickness Policy. Your wife attended to support you, and this was appreciated.

During the meeting, you provided the following medical updates:

• You are scheduled for a head scan on 20 March 2026, with a neurological appointment to follow.
• You are also awaiting an appointment with the Memory Clinic.
• Your doctors have mentioned the possibility of Parkinson’s disease, although this has not yet been confirmed.
• You continue to experience pain, which your medical team now believe may have a neurological cause.
• You have been attending counselling sessions via Zoom with The Lighthouse Company, which you reported have been beneficial.
• You have completed the required approval allowing Occupational Health to obtain your medical records.

Your wife expressed that you are not currently well enough to return to work, and you both hope for clearer medical information by the next review.

Options Discussed

As part of the meeting, we outlined several options for you to consider, depending on your health, prognosis, and ability to return to work:

Support a Return to Work- Should your health improve, we would fully support your return to work. This may include reasonable adjustments, a phased return, or other measures based on Occupational Health advice.

Continue on Sickness Absence- You may continue your sickness absence; however, as discussed, the school must consider the sustainability of continued long-term absence, particularly if a return in the short term is unlikely.

Apply for a Career Break- You may wish to apply for a career break. The Career Break Policy has been attached for your information.

Resignation- You have the option to resign if you feel unable to return to work.

Consensual Termination- We discussed the possibility of exploring a mutually agreed termination, should this be an avenue you wish to consider.

We also discussed that if a return to work does not appear likely in the short term — and depending on the medical information available — the Headteacher may need to consider recommending dismissal at the next review meeting, in line with the Sickness Policy.

Your wife asked when you went into half pay, I can confirm that was 27/09/25 and unfortunately you will go into nil pay from 28/03/26. A SSP1 form will be sent to you.

born_again

Time for a word with a union rep with the comment "the Headteacher may need to consider recommending dismissal at the next review meeting"

fender62

im not in a union, i was told they could hire someone as a temp for as long as it takes to cover my absence. i hope a union rep read this post and could advise.

maman

It's dismissal on health grounds which is different from other forms. This is 'in line with the sickness policy'. Without seeing the policy, it sounds as if it's being followed correctly and the school is being reasonable having paid you and paid for cover for a year.

Personally, I'd ask to explore the mutual termination. You've nothing to lose by finding out.

I think you are old enough to take your pension or, should you be well enough in the future, to return to teaching or do some private tutoring.

lincroft1710

In your position I would opt for mutual termination.

fender62

would that not effect my enhanced pension.. ?

lincroft1710

Look at the alternatives:

Resignation - you get nothing

Career Break - for how long? Will you actually be well enough to return?

Supported Return to Work - will you actually be well enough to return?

Continue on Sick Absence - I read that as if you do and no sign of you returning to work, they may consider dismissal on health grounds.

Purplelady65

I’m sorry to hear about your health issues. As you are now at nil pay continuing on sick leave is probably not the best option. Which pension scheme are you in? Have you not already accessed it if you are 62 years old? Depending on your pension scheme ill health retirement may be one of the best options of those available to you. Just be careful about the career break option as depending on your pension scheme you may not be able to apply for ill health retirement if you have taken a career break. The best option would probably be mutual termination and applying for an enhanced pension due to ill health but you would need to check if you took the mutual termination could you then apply for ill health retirement. Given your age do you know what the enhancement would be to the pension as it might not be that much if you are close to it paying out anyway.

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/6663416/work-capability-dismissal-or-resign-or-help-me-make-a-decision

Sorry to hear about your situation but the best thing for everyone will be for this to be resolved to some kind of permanent end-position.

You have been off work for a whole year.

You were paid full salary for the first 6 months.

You were paid half salary for the next 6 months.

You are no longer eligible for ongoing pay from the employer.

You do not have a definitive medical diagnosis or timeline when you realistic might be fit to return to work. At age 62 now, how long are you from your planned / normal retirement age? Do you truthfully expect that a return to work between now and then is something that will happen?

Staying in a no-mans land where you have not left but everyone knows you will never be back to that work again is not logical for anyone.

Reaching an agreement for an amicable end to this employment seems sensible. An agreed solution is probably more likely to be more financially favourable for you. The aim must presumably be to negotiate the best possible financial settlement and fill as much of the gap of money between now and when you would have retired as you can.