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Advice on medical retirement please?

penfactorpenfactor Posts: 416
Hello!
To cut a long story short, after an operation was not very successful, I am now not fit enough to return to my former employment. My manager told me yesterday that the company would be unable to retire me on medical grounds as I have worked for 10 years & they can only do this when people have worked over 20 years. There really are no other areas I can work in as I had a very specific role.
She said they have to ask me to resign & a few people have said this would be very bad for me as far as claiming benefit until I find more suitable employment.
I know there are some very clued up & clever people on here & wondered if any of you can advise me about this.
Thank you for your attention,
Pennie

Comments

  • annebrannebr Posts: 730
    edited 30. Nov -1, 00:00
    I don't know anything about legalities but I don not think they can force you to resign. this sounds like constuctive dismissal to me. Before you do anything please seek advice.

    Do you have legal cover on your home insurance? If you do sometimes they have helplines and can assist with this type of matter.

    I am sure someone more qualified will come along and provide you with better advice. But please don't do anything until you know your rights.

    Anne
  • ritwrenritwren Posts: 928
    edited 30. Nov -1, 00:00
    Pennie, I'm sorry to hear that things are not going well for you. Definetely don't resign, this will have an effect on any benifits you will want to claim.

    I'd make an appointment to speak to someone in CAB and your union rep if you have one. Send in a sick line to cover yourself while you are off at the moment.
    good luck
    rita
  • janie68janie68 Posts: 1,186
    edited 30. Nov -1, 00:00
    Hi Pennie

    I agree with Anne and Rita, do not resign under any circumstances, anyway that can be constructive dismissal which you could take them to court over. Get legal advice, and apply for DLA if you havent already, that will help you financially and any other benefits if you can.

    Kepp us up to date, we will help you every step of the way.

    Janie
  • markc1markc1 Posts: 253
    edited 30. Nov -1, 00:00
    penfactor wrote:
    Hello!
    To cut a long story short, after an operation was not very successful, I am now not fit enough to return to my former employment. My manager told me yesterday that the company would be unable to retire me on medical grounds as I have worked for 10 years & they can only do this when people have worked over 20 years. There really are no other areas I can work in as I had a very specific role.
    She said they have to ask me to resign & a few people have said this would be very bad for me as far as claiming benefit until I find more suitable employment.
    I know there are some very clued up & clever people on here & wondered if any of you can advise me about this.
    Thank you for your attention,
    Pennie

    The advice from your company is wrong!,as previously stated under NO account should you resign.If they can't. or more likely won't find you another position,send in sick notes and let them sort the situation out.
    Do you work for a large company?speak to your union and CAB asap, medical retirement is (as far as i am aware) an option for anyone qualifying with over 2 years employment.I have been medically retired but i had to fight for it or else i would have been fired! Pm me if you would like some more help.Good luck,keep calm and don't do anything hasty. :wink:
  • penfactorpenfactor Posts: 416
    edited 30. Nov -1, 00:00
    Hello everyone
    Thank you so much for your replies. Unfortunately, this morning my dear Dad finally lost his long fight with cancer so my company will just have to accept they have to wait. I am OK - my son, brother, & step-mum are all supporting each other & there is lots to do & arrange as I know many of you from your own experience know.
    Thank you for being my friends here
    I will be back to see you all soon
    love Pennie XX
  • ritwrenritwren Posts: 928
    edited 30. Nov -1, 00:00
    Dear Pennie,
    so sorry for your loss. Do take care.
    rita
  • dorcasdorcas Posts: 3,538
    edited 30. Nov -1, 00:00
    Hi Pennie,
    So sorry to hear about your dad...my mum died of cancer a year ago and then dad died also of cancer in June last year.

    Don't make any decisions about work... firstly, you've enough to deal with just now and secondly, what your employers have told you to do is completely wrong and will leave you without any rights.

    When you're back to the forum post gain under 'working matters' and I'm sure I and others who have / are going through employment issues will pick it up and help if we can.

    This is a tough time for you and we will all be thinking about you and sending you our support and love. Iris x
  • jackie1955jackie1955 Posts: 858
    edited 30. Nov -1, 00:00
    Hi Pennie,

    Just wanted to offer you and your family my condolences at the sad loss of your Dad.

    Jackie x
  • elnafinnelnafinn Posts: 8,043
    edited 30. Nov -1, 00:00
    Dear Pennie

    I am so very sorry to hear that your dear dad has died. Put the work problems right to the back of your mind. You have many other far more important things to deal with at this time. The love of your family will get you through this. Please be in touch again when you need us. We wait for you.

    Thinking of you,
    Love
    Elna x(())
    The happiest people don't have the best of everything. They just make the best of everything.

    If you can lay down at night knowing in your heart that you made someone's day just a little bit better, you know you had a good day.
  • skezierskezier Posts: 12,150
    edited 30. Nov -1, 00:00
    Hi Pennie,

    I am sorry to read you have lost your Dad. Thinking of you. Cris x
  • dodgybackdodgyback Posts: 11
    edited 30. Nov -1, 00:00
    I am in a similar position as I have osteo arthritis of the spine + prolapsed & herniated disc + 2 discs impinging on nerves, my work will finish my sick pay in about a month and they asked if I would like to leave if something could be "arranged" I no thanks if I cannot work I want to go under sickness retirement, I have the Union to back me up and I would advise as others have said to see CAB and/or union if you can.
  • chile168chile168 Posts: 384
    edited 30. Nov -1, 00:00
    Hi Pen,

    Apart from the good advise others have given, I can't add much but wanted to give you this helpline -

    ACAS 08457 474747 - they are also open Sat 09:00 - 13:00 hrs.
    They give advice to both employers and employees

    Good luck xxxxx

    Eve
  • mellman01mellman01 Posts: 5,303
    edited 30. Nov -1, 00:00
    Whatever you do don’t resign that’s obviously what she wants you to do saves her/them a lot of time and money, can you get hold of the company and pension fund handbook?, if you can do it’s an employees guide so they can’t refuse to give you a copy, does your company have an intranet and or it’s own web site it could well be on there under company policy/human resources, remember knowledge is power just don’t do anything rash.
  • cascadingstarcascadingstar Posts: 2
    edited 18. Jun 2011, 03:46
    penfactor wrote:
    Hello!
    To cut a long story short, after an operation was not very successful, I am now not fit enough to return to my former employment. My manager told me yesterday that the company would be unable to retire me on medical grounds as I have worked for 10 years & they can only do this when people have worked over 20 years. There really are no other areas I can work in as I had a very specific role.
    She said they have to ask me to resign & a few people have said this would be very bad for me as far as claiming benefit until I find more suitable employment.
    I know there are some very clued up & clever people on here & wondered if any of you can advise me about this.
    Thank you for your attention,
    Pennie

    That's sad to hear, penfactor..

    Too bad some employers decline your retirement funds. as if they are whiting out a dime on it.

    Anyway, The Pensions Regulator can regulate the way that company pension schemes are run. It can also investigate your employer


    My dad who experienced the same had purchased long term care insurance through partnership policy, since he didn't want us to take over the expenses for his health care. Unfortunately, most of his retirement savings went to health care.
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