Is it legal

mellman01
mellman01 Member Posts: 5,306
edited 29. Apr 2010, 02:51 in Benefits and Working Matters archive
Hi all, now does anyone know employment law on here?, I need an answer to this question.
Is it legal to have an ill health retirment clause that states you have to be dismissed under incapability or constructive dismisal before you can seek ill health retirment through the company pension fund of the company you have just left?, or does this sound a tad strange.

Comments

  • mellman01
    mellman01 Member Posts: 5,306
    edited 30. Nov -1, 00:00
    Thanks Delboy all i know is that the old terms still exist in the pension fund rules but they the company have changed their corperate rules to include a caviate that you have to be out of employment first, a bit like saying right you jump my old son and we will decide if there will be a safety net for you when you get to the ground.
  • dorcas
    dorcas Member Posts: 3,516
    edited 30. Nov -1, 00:00
    mellman01 wrote:
    Thanks Delboy all i know is that the old terms still exist in the pension fund rules but they the company have changed their corperate rules to include a caviate that you have to be out of employment first, a bit like saying right you jump my old son and we will decide if there will be a safety net for you when you get to the ground.

    Hi mellman,

    Your union can get legal advice on this with no cost to you!

    Get a copy of their so called corporate rules & caveat and ask union boy to get it checked out.

    Suggest union should be contacting

    http://www.equalityhumanrights.com and raising a case under DDA with them.

    What they are doing is wrong, wrong, wrong.....time to get out the big guns and the union are the ones that can make it happen. Irisx
  • mellman01
    mellman01 Member Posts: 5,306
    edited 30. Nov -1, 00:00
    High dorcas I e mailed them so waiting for a reply, also I have just been on the direct .gov web site looking at employment law and it looks like the changes might not have been legal, I'm not sure but it looks to me if they haven't told you of any changes then it's a breach of contract and is open to litigation.
  • annebr
    annebr Member Posts: 730
    edited 30. Nov -1, 00:00
    Mellman,

    Do you have legal cover included in your house insurance. May sound like a daft question but if you have this they usually have a helpline that you can contact for help with matters like this. It's not just for house related problems.

    Anne
  • mellman01
    mellman01 Member Posts: 5,306
    edited 30. Nov -1, 00:00
    annebr wrote:
    Mellman,

    Do you have legal cover included in your house insurance. May sound like a daft question but if you have this they usually have a helpline that you can contact for help with matters like this. It's not just for house related problems.

    Anne

    Hi Anne I'm not sure I'll look into it.
  • mellman01
    mellman01 Member Posts: 5,306
    edited 30. Nov -1, 00:00
    Up date guys, I have Just talked to the union chap and it looks like managment were trying to slip this one under the door and if no one ever found out in a few years they would have been able to make it a company policy, me being ill has exposed it so god knows what will happen now, will keep you posted.
  • dorcas
    dorcas Member Posts: 3,516
    edited 30. Nov -1, 00:00
    The mind boggles. :shock: :shock: :shock:

    Good on ya mellman for exposing their shoddy and unlawful practices. :wink:

    keep us posted!

    Iris x
  • dorcas
    dorcas Member Posts: 3,516
    edited 30. Nov -1, 00:00
    Hi mellman,
    Any updates on what's happening?

    Iris x
  • mellman01
    mellman01 Member Posts: 5,306
    edited 30. Nov -1, 00:00
    dorcas wrote:
    Hi mellman,
    Any updates on what's happening?

    Iris x


    Hi Iris seeing the union chap tomorrow.
  • mellman01
    mellman01 Member Posts: 5,306
    edited 30. Nov -1, 00:00
    Right seen union chap turns out it's not enforcable or legal as far as he knows, so why did they try to use it on me god only knows, it comes over to me a little bit like victimisation, have seen surgeon and he wants me to have a second opinion but the bottom line is even if I did have it I wouldn't be able to go back to my old job anyway!, catch 22 if ever there was one.
    What worries me is what happens if I don't get ill health retirment, do I then take them to a industrial tribunal for forcing me out the door or what!?.
  • markc1
    markc1 Member Posts: 253
    edited 30. Nov -1, 00:00
    mellman01 wrote:
    Right seen union chap turns out it's not enforcable or legal as far as he knows, so why did they try to use it on me god only knows, it comes over to me a little bit like victimisation, have seen surgeon and he wants me to have a second opinion but the bottom line is even if I did have it I wouldn't be able to go back to my old job anyway!, catch 22 if ever there was one.
    What worries me is what happens if I don't get ill health retirment, do I then take them to a industrial tribunal for forcing me out the door or what!?.

    Let them do all the running Mellman,as long as you have worked for them for 2+ years you should get medical retirement.Let them try to dismiss you on medical inefficiency and see what happens,retirement should be discussed at this meeting. Keep notes from all your meetings.
    Don't worry yourself with tribunerals yet you have 3months less 1 day to submit that.What you need to do first is put in an official grievance through your line manager.If you need to go to a tribuneral you will be asked if you have done this.
    Stay calm and focused and agree to nowt for now.Good luck.
  • mellman01
    mellman01 Member Posts: 5,306
    edited 30. Nov -1, 00:00
    Thanks Mark!.
  • frogmorton
    frogmorton Member Posts: 30,087
    edited 30. Nov -1, 00:00
    mellman01 wrote:
    Thanks Mark!.

    Blimey that was good wasn't it Mell? :shock:

    Keep us posted.

    Love

    Toni xxx
  • mellman01
    mellman01 Member Posts: 5,306
    edited 30. Nov -1, 00:00
    Hi Toni will do, still waiting for consultant to offer me a date for the 2nd opinion, what a waste of bloody time it all is!. :roll:
  • markc1
    markc1 Member Posts: 253
    edited 30. Nov -1, 00:00
    frogmorton wrote:
    mellman01 wrote:
    Thanks Mark!.

    Blimey that was good wasn't it Mell? :shock:

    Keep us posted.

    Love

    Toni xxx

    Thats 'cos i've been there....and got the T shirt!!! :wink:
  • frogmorton
    frogmorton Member Posts: 30,087
    edited 30. Nov -1, 00:00
    markc1 wrote:
    frogmorton wrote:
    mellman01 wrote:
    Thanks Mark!.

    Blimey that was good wasn't it Mell? :shock:

    Keep us posted.

    Love

    Toni xxx

    Thats 'cos i've been there....and got the T shirt!!! :wink:

    He he!!! :lol:

    Toni xx
  • dorcas
    dorcas Member Posts: 3,516
    edited 30. Nov -1, 00:00
    Hi mellman,

    That's good that finally they've been shown up for their illegal practices! hope you got a minute of that particular meeting?

    ...great advice from Mark too. :wink:

    you are in a strong position mellman...so wait it out...

    Iris xx
  • markc1
    markc1 Member Posts: 253
    edited 30. Nov -1, 00:00
    dorcas wrote:
    Hi mellman,

    That's good that finally they've been shown up for their illegal practices! hope you got a minute of that particular meeting?

    ...great advice from Mark too. :wink:

    you are in a strong position mellman...so wait it out...

    Iris xx

    You will probably end up losing your job in the end but better off with medical retirement.Be prepared for that outcome. :roll:

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