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  • FIRST POST
    • Sharpster
    • By Sharpster 13th Feb 18, 12:18 AM
    • 3Posts
    • 0Thanks
    Sharpster
    Early Pension through injury
    • #1
    • 13th Feb 18, 12:18 AM
    Early Pension through injury 13th Feb 18 at 12:18 AM
    Hi just wondering if anyone has had their pension paid early through injury / ill health
    I was working for local council for 30 years until last year until i broke my ankle really badly,as my job was a sports dev officer mainly coaching Athletics i found it impossible to carry out my duties coaching triple jump long jump etc etc. I persevered for a short period of time but found it impossible to carry on working. I very reluctantly had to leave my post at the age of 50.I applied & was refused by HR services my pension because they said it was possible for me to find other " gainfull employment" which is proving really difficult.I have disputed/appealed their ddecision & have recieved a letter back from the ombudsman stating they cannot reach a decision yet because they have recieved the non medical evidence from my local council but they need to recieve the medical evidence before they can make a descion which they are currently chasing up.Its been several months now,is my local council just delaying things on this medical evidence or what........anyone had similar experience ?
    Cheers
    David
Page 1
    • LHW99
    • By LHW99 13th Feb 18, 8:51 AM
    • 1,282 Posts
    • 1,179 Thanks
    LHW99
    • #2
    • 13th Feb 18, 8:51 AM
    • #2
    • 13th Feb 18, 8:51 AM
    They would undoubtedly need the medical evidence to decide. Do you have contact with whoever did the assessment? Can you chase?
    • Silvertabby
    • By Silvertabby 13th Feb 18, 10:12 AM
    • 2,736 Posts
    • 3,914 Thanks
    Silvertabby
    • #3
    • 13th Feb 18, 10:12 AM
    • #3
    • 13th Feb 18, 10:12 AM
    It's the 'fit for alternative gainful employment' bit that applies here.

    You may not be able to carry on as an athletics coach, but there are many other jobs - not necessarily sports related - that you will be able to do.
    Last edited by Silvertabby; 13-02-2018 at 10:34 AM.
    • atush
    • By atush 13th Feb 18, 12:55 PM
    • 16,700 Posts
    • 10,406 Thanks
    atush
    • #4
    • 13th Feb 18, 12:55 PM
    • #4
    • 13th Feb 18, 12:55 PM
    Some of which might be in local govt.

    Did you ask to be transferred?
    • Sharpster
    • By Sharpster 14th Feb 18, 11:21 PM
    • 3 Posts
    • 0 Thanks
    Sharpster
    • #5
    • 14th Feb 18, 11:21 PM
    • #5
    • 14th Feb 18, 11:21 PM
    Hi was assesed & returned to work as it was mostly desk based stuff in the run up to xmass,when the schools went back & i started coaching again my ankle would just not hold up to it was not offered alternative work as there was lots of cutbacks at the time & the sports section were looking for people to take redundantcey. I suppose it boils down to what people class as " gainfull employment " as iam am 50 & never really done anything else than coach Athletics i would find it diificult to find something which i am happy doing. I am certainly not work shy & cannot stand for very long even driving jobs are a no go as i now can only drive an automatic.
    • martinsurrey
    • By martinsurrey 15th Feb 18, 9:12 AM
    • 3,340 Posts
    • 4,092 Thanks
    martinsurrey
    • #6
    • 15th Feb 18, 9:12 AM
    • #6
    • 15th Feb 18, 9:12 AM
    i would find it diificult to find something which i am happy doing.
    Originally posted by Sharpster
    happy doesn't come into it i'm afraid, you are capable of doing a desk job (you proved that in the run up to xmas), so you can find alternative gainful employment...
    • ggmf
    • By ggmf 15th Feb 18, 10:09 AM
    • 53 Posts
    • 19 Thanks
    ggmf
    • #7
    • 15th Feb 18, 10:09 AM
    • #7
    • 15th Feb 18, 10:09 AM
    Sorry maybe I'm reading this wrong, did you just resign or did you take redundancy? You were offered a desk role but then took up coaching again, at whose request did you start coaching again?
    • Sharpster
    • By Sharpster 17th Feb 18, 4:55 PM
    • 3 Posts
    • 0 Thanks
    Sharpster
    • #8
    • 17th Feb 18, 4:55 PM
    • #8
    • 17th Feb 18, 4:55 PM
    Hi i was not offered a desk job when i returned it was my original job but just happened to be a very quiet time of the year because all of the children i coach were of school & i never had much physical stuff to do, i struggled through for a couple of months but when the first half term came in Feb 2017 when we had our first out of school activity sessions i found it impossible to carry out the 5 hrs per day coaching.Leading up to the Easter Holidays i was told by my line manager that i could not spend anytime in the office at all trying to do office based work when children are on holiday, however my team leader over Easter told me that he did not want me turning up to coach if i could not coach properly beacause of my Ankle ( this is where i found out the true meaning of " i don't know whether i am coming or going" )i literally was at the end of my tether.This is why i took voluntary redundantcey,i wouldn't say i was forced to leave but not being able to carry out my normal day to day duties was a major factor.I would have happily done desk based work but our council was looking for people to leave not employ them
    Cheers
    • TARDIS
    • By TARDIS 17th Feb 18, 8:23 PM
    • 109 Posts
    • 79 Thanks
    TARDIS
    • #9
    • 17th Feb 18, 8:23 PM
    • #9
    • 17th Feb 18, 8:23 PM
    Sorry but it sounds like your employer's position is that you are physically able to do another job eg desk based, on a checkout etc which does sound the case from your posts.
    Whether you are able to find such a job you enjoy is sadly not relevant to their decision.
    • ggmf
    • By ggmf 17th Feb 18, 8:32 PM
    • 53 Posts
    • 19 Thanks
    ggmf
    Have you spoken with ACAS? Maybe worth giving them a call, its free.
    • missile
    • By missile 17th Feb 18, 10:12 PM
    • 9,443 Posts
    • 4,698 Thanks
    missile
    Your employer had an obligation to find suitable alternate employment. Unfortunately, because it seems you resigned(?) voluntarily, this option may no longer be available to you.
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home
    • Silvertabby
    • By Silvertabby 18th Feb 18, 9:41 AM
    • 2,736 Posts
    • 3,914 Thanks
    Silvertabby
    Your employer had an obligation to find suitable alternate employment. Unfortunately, because it seems you resigned(?) voluntarily, this option may no longer be available to you.
    Originally posted by missile
    The employer was under no obligation to create a suitable job if one didn't already exist.

    It may have been that if OP hadn't retired, he would have been 'dismissed on the grounds of ill health', which doesn't give immediate access to pension rights.
    • seven-day-weekend
    • By seven-day-weekend 18th Feb 18, 11:56 AM
    • 30,588 Posts
    • 57,800 Thanks
    seven-day-weekend
    Are you , in fact, able to do alternative work, such as clerical, checkout, call centre, etc?

    It doesn't matter whether you have done it before, or whether you would like it, just that you would be able to do it.
    • dunroving
    • By dunroving 18th Feb 18, 1:04 PM
    • 1,163 Posts
    • 814 Thanks
    dunroving
    What were the conditions of your *voluntary* redundancy? I emphasize the word voluntary because although you indicate you had no choice, the term "voluntary" indicates you made a choice.

    Usually, VS terms include you giving up any further recourse, such as applying for, or appealing, early retirement on the basis of ill health.

    I recently took early retirement due to the health effects of a major road accident over 2 years ago. I had looked into the guidelines for formally applying for early retirement on health grounds and for various reasons decided against that. I know my VS terms included me stating that my employer had fulfilled all obligations and I would not seek further recourse. I took my VS benefits and simultaneously applied to take my DB retirement benefits (although these two things were essentially separate).
    (Nearly) dunroving
    • martinsurrey
    • By martinsurrey 19th Feb 18, 10:56 AM
    • 3,340 Posts
    • 4,092 Thanks
    martinsurrey
    I would have happily done desk based work but our council was looking for people to leave not employ them
    Cheers
    Originally posted by Sharpster
    The fact that the council didn't have a desk job for you doesn't mean you can ill health retire.

    You have just said why they were right in their decision.

    Keep looking for a desk job, and good luck.
    • missile
    • By missile 19th Feb 18, 11:20 PM
    • 9,443 Posts
    • 4,698 Thanks
    missile
    The employer was under no obligation to create a suitable job if one didn't already exist.

    It may have been that if OP hadn't retired, he would have been 'dismissed on the grounds of ill health', which doesn't give immediate access to pension rights.
    Originally posted by Silvertabby
    By law, your employer:
    Is not allowed to discriminate against you because you are disabled.
    Must keep your job open for you and canít pressure you to resign because youíve become disabled.
    Has to make reasonable adjustments to your place of work, the job you do, or the terms and conditions of your employment.
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home
    • martinsurrey
    • By martinsurrey 20th Feb 18, 7:54 AM
    • 3,340 Posts
    • 4,092 Thanks
    martinsurrey
    By law, your employer:
    Is not allowed to discriminate against you because you are disabled.
    Must keep your job open for you and canít pressure you to resign because youíve become disabled.
    Has to make reasonable adjustments to your place of work, the job you do, or the terms and conditions of your employment.
    Originally posted by missile
    None of which means they must create a job for him, or that they cannot dismiss him on ill health grounds.
    • Silvertabby
    • By Silvertabby 20th Feb 18, 9:08 AM
    • 2,736 Posts
    • 3,914 Thanks
    Silvertabby
    None of which means they must create a job for him, or that they cannot dismiss him on ill health grounds.
    Originally posted by martinsurrey
    Martin is right. If a 50+ year old man is no longer able to participate in high impact sports it doesn't mean that he is 'disabled'.
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