Incapacity dismissal

[Dazakella2010]

Hi all...

just wondering if anyone has any experience on ill health retirement? I have applied but I’ve found out today that you need to have paid in for at least 2 years and I was only in my current position for 1 year before I fell ill. My manager emailed me saying she doubts I will be excepted for I’ll health retirement and the other other option would be for them to dismiss me on the grounds of “incapacity” now does or will the ground benefit me?

Thank you 😊

[Makie-Uppie]

I think you need help here, from someone who knows the minefield you are about to enter and has your interests at heart. Your employer has their interests at heart and sometimes get up to things that are totally illegal but they think they can do and only an expert can tell them they're in the wrong and sometimes even then it ends up in a fight.

Unions can be helpful but I have found out only if it suits them and if their buddies are not involved, there again that is against the union rules but they seem to think they do not apply to them or their cronies.

So the kind of help you need would have to be external, perhaps some advice from people on who to approach, say the Citizens Advice or an independent mediator.

If I had been in anyway wise or even well enough to deal with these things a long time ago I would walked into my employer with two solicitors and a couple of religious figures for good measure.

Take care 'The Village Idiot'

[moo196]

Get legal advice ASAP.

[Dazakella2010]

My manager has been very nice and I applied for Ill health retirement. I have been off sick for just over 2 years now. After researching I have found that’s it’s better for me to be dismissed on incapacity rather than just resigning.

[Dazakella2010 in reply to Dazakella2010]

I might add that I am covered under the equality act as I have blood cancer. All of a sudden she has arranged a “well-being meeting” I think she has left me alone a bit too much and maybe they should have done more for me... a well-being meeting after being off sick since April 2019 seems a bit late to me x

[Midori]

Your employer is trying to help; if you quit your job, you will be unable to get Unemployment for about 6 months and the DWP would say you made yourself deliberately jobless.

If your job fires you, you will be able to get it from day 1.

Hope this helps.

Cheers, Midori

[Dazakella2010 in reply to Midori]

Yes that’s what I thought.... she is so helpful, she has just emailed me as I said I was so worried about it all... she said her only interest is to support me and make sure I get the best possible outcome. I was the one that made the decision I can’t work anymore. I have numerous health conditions.

Thank you for you help x

[Sarah106 in reply to Dazakella2010]

Hello, I am wondering if your employers & manager supporting you - have you had positive outcome? Take care x

[Midori]

You are very welcome.

[Hidden]

Hi. Just an aside, if you have been ill for two years then have you not been employed for 3 years? I would contact your pension provider or read their website.. and talk to the union if you are in one. If you are not entitled to any pension being ‘terminated’ would help with benefits. I would phone your local CAB and see if they have someone with an employment law specialism.