When the company you had worked for, nine years plus, decide to "Terminate" your employment on the grounds of capability. What to do next?

[MrSteve]

They have seen letters from GP and Specialist. But have taken the word of an Occupational Health Specialist Doctor instead following two meetings with them.

[shanat19]

A similar thing happened to me. I had worked for Royal Mail for fifteen years when, at the age of 39, I developed WG which caused a stroke and left me disabled. I was on sick leave for about twelve months, when the Royal Mail Occupational Health department decided - after asking permission to access health records - that I was no longer able to continue the work I was employed to do, and I was medically retired on a pension.

I was pretty devastated at the time. I loved the job I did. Looking back now, after ten years, it was the right decision. I still couldn't work for Royal Mail, as it was a pretty physical job. Only you can say whether the same is true of your situation.

With regard to finances, so far I have been very lucky in that I was able to secure Incapacity Benefit and Disability Living Allowance, although how long this will continue under the present political regime remains to be seen.

[MrSteve in reply to shanat19]

Thanyou for your reply

[BooBoo39 Volunteer]

Hi.. MrSteve, I am at exactly the same point 9 years service been off 10 months had 2 occ health meets and waiting for third and final and capability. It is really scary my main concern same as yours i believe ... vasculitis in any form is a rare condition and why do the employers allow an occ health rep to decide over a consultant or a long term treating medic ....It is so not fair . My other personal worry is that if it goes to one of the tiers on ill health retirement my pension company will still not reveal as yet the financial implications. For you, obviously each case is unique. But i would seek the advice of an employment law solicitor. In some areas they can be accessed for free. Also check out in your companies small print about the possibilty of a career break. But check with employment law before you act. Also check how your employer stands on ill health retirement some allow a return at a later date if a job is available but you would need to interview etc as a new employee. Tier 1 and 2 if you returned would allow you to keep drawing your pension without a financial review.

This seems weird offering advice when i cannot see the light myself ... but good luck and i hope this helps

.

[MrSteve in reply to BooBoo39]

Thankyou for your reply. I been advised by some legal people that there is not a lot to be done. seems quite a problem with not a lot of people who understand.

any way

all the best

[runnerwithwg]

Employment law is a specialist area and to ensure your rights are protected you need to consider getting specialist advice. My advice is to go straight to the top and find a top employment solicitor who you feel comfortable with to take up your case. You can search online using Chambers 500 legal directory or the Law Society website. If your circumstances do not permit you to pay for legal advice, then do check out the BarProBono unit website. Barristers will sometimes works for free on a worthy cause, but do take time to prepare your case history, including all letters and email / phone calls etc well beforehand. Obviously legal action can add stress to an already stressful situation, so you need to decide what you want out of this. There will almost certainly be time limits on any legal action, so act sooner rather than later if that is the route for you. Best Wishes.

[MrSteve in reply to runnerwithwg]

Thankyou for your reply. have had some legal help, they say not a lot can be done.

all the best

[PatriciaAnn]

I worked in an occupational health department for many years. Whenever our doctors were undertaking these sorts of medical examinations they ALWAYS obtained a full report from the GP or consultant dealing with the patient.Sometimes the illness/problem lasted over a long period and several reports could have been commissioned. The decisions were not taken lightly and they were not taken in isolation.

Has the occupational health physician requested such report(s)? If not then you should make sure that they do have the full facts before any decision is taken. You are entitled to see whatever the consultant has written. Hope that helps.

PatriciaAnn

[MrSteve in reply to PatriciaAnn]

Thankyou for your reply.

I thought i had done the right thing all along, They had access to GP, Consultant offered to speak to them. They have gone their own way regardless.

Right now I feel like a "flat battery"

any way,

all the best