Medical capability question :
Discussion
There seem to be some knowledgable and experienced people here - I have been offered 2 options, which would you choose and why :
Medical Resignation/Dismissal:
1 - We could continue down our Long Term Ill Health Medical Capability
process and explore options within the business for you, however please note that if not
successful this could lead to a potential dismissal through medical capability.
or 2 - As a business we could also accept your resignation under medical capability without having
to attend any further meetings.
I'm mid 60's and do not see myself going back to work for the company for which I have worked for about 15 years ( though I might consider some voluntary work with a local charity if my health improves).
I realise that this is similar to Red22's predicament - But I have not been to work since July 2018 and the company will pay my notice period and for accrued holiday, whichever option I choose.
Medical Resignation/Dismissal:
1 - We could continue down our Long Term Ill Health Medical Capability
process and explore options within the business for you, however please note that if not
successful this could lead to a potential dismissal through medical capability.
or 2 - As a business we could also accept your resignation under medical capability without having
to attend any further meetings.
I'm mid 60's and do not see myself going back to work for the company for which I have worked for about 15 years ( though I might consider some voluntary work with a local charity if my health improves).
I realise that this is similar to Red22's predicament - But I have not been to work since July 2018 and the company will pay my notice period and for accrued holiday, whichever option I choose.
Got to be option 2, no?
If you're not going to go back, leave gracefully without the risk of 'dismissal' hanging in the air.
Doesn't sound like there's any financial gain to be had from option 1.
Two years is a long time to work for a company and not do any work regardless of the circumstances so out of fairness to them (and it seems they've been fair to you), leave on the best terms you can causing the least amount of grief to you and them.
If you're not going to go back, leave gracefully without the risk of 'dismissal' hanging in the air.
Doesn't sound like there's any financial gain to be had from option 1.
Two years is a long time to work for a company and not do any work regardless of the circumstances so out of fairness to them (and it seems they've been fair to you), leave on the best terms you can causing the least amount of grief to you and them.
Firstly I think your employers have been quite reasonable keeping you on for so long.
Have only been in your sort of situation once as a manager. In the case, I dealt with the difference was more tied up with if the employee could get benefits etc.
Can't remember what worked out more beneficial for him.
We ended up medically retiring them.
Note: different companies have different "rules" about finishing staff who have long-term health issues.
Have only been in your sort of situation once as a manager. In the case, I dealt with the difference was more tied up with if the employee could get benefits etc.
Can't remember what worked out more beneficial for him.
We ended up medically retiring them.
Note: different companies have different "rules" about finishing staff who have long-term health issues.
I'd certainly have a careful check over the situation for any benefits you might not be eligeable for if you resign rather than are dismissed. Potential NI payments is one - you have another 7 years at least before claiming the State Pension so do check your contribution record to see if you have enough years yet.
Thanks for all of your thoughts.
Having read my own post, I agree with StevieBee and Crofty1984 that Option 2 is a no brainer. I just wanted to see if anybody came up with something of which I had not thought.
StevieBee and Drumroll - I totally agree that my emplloyer has been more than fair in keeping my position open for such a long time.
MrPointy, thanks for your comment - I reach pensionable age (66 years old) in three and a half years. I already have about 45 years of NI contributions, and I will not be applying for any benefits.
Jasandjules - Over the last few years my employer has (at my requests) allowed me to be removed from front line duties and has allowed me to reduce my working hours. I think that they have gone as far as they can without creating an unfair working environment for my (ex)colleagues.
There was an income protection scheme, but it was time limitied and is no longer applicable.
Thank you all for your input.
Having read my own post, I agree with StevieBee and Crofty1984 that Option 2 is a no brainer. I just wanted to see if anybody came up with something of which I had not thought.
StevieBee and Drumroll - I totally agree that my emplloyer has been more than fair in keeping my position open for such a long time.
MrPointy, thanks for your comment - I reach pensionable age (66 years old) in three and a half years. I already have about 45 years of NI contributions, and I will not be applying for any benefits.
Jasandjules - Over the last few years my employer has (at my requests) allowed me to be removed from front line duties and has allowed me to reduce my working hours. I think that they have gone as far as they can without creating an unfair working environment for my (ex)colleagues.
There was an income protection scheme, but it was time limitied and is no longer applicable.
Thank you all for your input.
I’d request a settlement agreement on that description.
Worked for the company for 15years, can’t afford to leave for another year (+/-), not confident with a redeployment at this late stage in my life etc etc. With a bit of luck you can get a small payout plus get a protective statement to ensure you can claim any benefits or insurances you would not get if you resigned.
The worst they are going to say is no!
Worked for the company for 15years, can’t afford to leave for another year (+/-), not confident with a redeployment at this late stage in my life etc etc. With a bit of luck you can get a small payout plus get a protective statement to ensure you can claim any benefits or insurances you would not get if you resigned.
The worst they are going to say is no!
I had posted a quick response, which was go for 1 - as surely you will continue to be paid until a resolution is found which will probably end up being the same as 2. But resignation is not ideal from a benefits perspective.
However, we don't know the nuance of whether you continue to receive sick, whether you have a pensions scheme and what your savings are like.
Do you have an employee advisory line for medical and legal advice?
However, we don't know the nuance of whether you continue to receive sick, whether you have a pensions scheme and what your savings are like.
Do you have an employee advisory line for medical and legal advice?
Jasandjules said:
rayny said:
There was an income protection scheme, but it was time limitied and is no longer applicable.
If it is a PHI scheme and the company still has it, do pursue this option. Your pension may have options too. Ask HR for details of all benefits which may apply !HR have been very helpful, but I am aware that their prime responsibility is to the company rather than any individual employee.
I have two small pension pots which I can look into if/when needed.
Are either of those pension pots related to your current company? If so, have you looked at its rules for medical retirement?
Whilst its admirable the company have been supportive, and you feel supported, you need to make sure you have all of the facts before you make a decision.
As they have offered you two options, you may wish to ask for them to fund, or go halves on, advice from a suitably qualified person who can assess both options - you could frame this to HR by saying "to protect me and you as the company, as I want to make an informed decision".
Whilst its admirable the company have been supportive, and you feel supported, you need to make sure you have all of the facts before you make a decision.
As they have offered you two options, you may wish to ask for them to fund, or go halves on, advice from a suitably qualified person who can assess both options - you could frame this to HR by saying "to protect me and you as the company, as I want to make an informed decision".
01WE01 - Thanks for your further input.
One of the two pensions is with my current employer.
Neither would give me much of a pension, however I could opt to take the pension pots in full.
If I took them in different years, then my taxable income would be below the tax threshold, and would be sufficient to cover my living costs for 2 or 3 years.
The company do have a health and financial advice service - I shall be giving them a call, but past experience has taught me that the so-called professionals are not nessecarily up to date with their advice - Research, including the input of people such as jasandules and yourself, of current rules can sometimes give a better outcome than simply listening to the help line bods.
One of the two pensions is with my current employer.
Neither would give me much of a pension, however I could opt to take the pension pots in full.
If I took them in different years, then my taxable income would be below the tax threshold, and would be sufficient to cover my living costs for 2 or 3 years.
The company do have a health and financial advice service - I shall be giving them a call, but past experience has taught me that the so-called professionals are not nessecarily up to date with their advice - Research, including the input of people such as jasandules and yourself, of current rules can sometimes give a better outcome than simply listening to the help line bods.
Edited by rayny on Thursday 18th February 08:09
You definitely need to look into the possibilities of your pensions becoming payable now. There may be provisions for ill health early retirement way beyond your expectations. Quite a few years ago now my boss turned into a right b
d which sent me spiralling into depression. I took to my bed and hardly moved for a while. I broke down embarrassingly infront of my family GP. He signed me off and kept signing me off. Lots of meetings followed and 8 months later quite appropriately on April Fools day I was dismissed but with my full pension. They enhanced it by 11 years and I got 45/60ths rather than the 40/60ths I might otherwise have got.
It’s been brilliant, money worries evaporated, mortgage paid off with the lump sum and I got to keep the matured endowments 2 years later. It was a bit of a surprise to me to be honest as I’d never looked into the pension but I knew it was there.
Guess what I’m trying to say is there are no guarantees but you never know. Good Luck!
d which sent me spiralling into depression. I took to my bed and hardly moved for a while. I broke down embarrassingly infront of my family GP. He signed me off and kept signing me off. Lots of meetings followed and 8 months later quite appropriately on April Fools day I was dismissed but with my full pension. They enhanced it by 11 years and I got 45/60ths rather than the 40/60ths I might otherwise have got.It’s been brilliant, money worries evaporated, mortgage paid off with the lump sum and I got to keep the matured endowments 2 years later. It was a bit of a surprise to me to be honest as I’d never looked into the pension but I knew it was there.
Guess what I’m trying to say is there are no guarantees but you never know. Good Luck!
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