I KNOW THIS HAS BEEN COVERED BUT.....

harleyd14
harleyd14 Member Posts: 259
edited 18. Aug 2009, 10:54 in Benefits and Working Matters archive
right you guys, i need to pick some brains out there,get yourselves some coffee coz this is going to be a long one :lol: !! had a THR in jan09, went back to work (retail :shock: bahhhh) but couldnt do full time so have been stuck at 20hrs as they have decided to "ill health dismiss" me, signed doc so that they could contact my dr, he replied that there was no way i could go back f/t as standing on my feet/legs & the heavy lifting would be too much, they (HR) received this today & have made me an app to see occy health, now my question is WHY, when my dr has put in black & white i CANT do the job do i still need to see them? surely drs word should be good enough, or is this just the procedure? also, i was registered disabled in apr09 found out beginning of july (backdated to apr09) then when i had my meeting with HR on Tues they said that now that i am registered they are going to have to go by the book & follow the proper procedure, does this mean they werent in the first place??!! told you it was a long one!! look forward to hearing some comments. take care Sally.x :D

Comments

  • josiec
    josiec Member Posts: 386
    edited 30. Nov -1, 00:00
    Hmm! That is complicated! :shock: I wonder if a OH referrral is part of their procedure for ill health dismissal? I do wonder what exactly they haven't been doing by the book!! You don't have to get DLA to be covered by the Disability Discrimination Act, as they should know. Maybe they're now a little worried that they haven't followed procedure so to speak??!! I'm only guessing, mind you-maybe someone else will know more?! Hope you get it sorted, take care, Josie :wink:
  • lesleygraham
    lesleygraham Member Posts: 91
    edited 30. Nov -1, 00:00
    Hi folks
    Retiring on ill health is a long and complicated process. I am in a similar position and although work have been patient and fair, getting ill health retirement is far from easy. The gov have recently brought in a three tier system and to get the top rate pension my occ health told me you have to be terminally ill!!!!
    Do a little research into ill health retirement and maybe speak to a union rep and always document everything. It is extremely difficult to 'prove' that you are incapable of any type of work so even if you retire and go onto incapacity benefit they will try to get you back into work.
    I believe I am a prime candidate for ill health retirement but my works are making it difficult I think in the hope that I will get fed up and leave of my own accord. However, I am learning to 'play the game' in the hope that I retire (I'm only 40) with some form of pension. Anyway, this is only MY experience and yours may be totally different,
    Good luck and take care
    Les
  • harleyd14
    harleyd14 Member Posts: 259
    edited 30. Nov -1, 00:00
    Hi there Les, yep i can sympathise with this as my work have been dragging this out since april and i too get the feeling that they want me to disappear, never to be heard of again!! i too am only 39 and have been in the job for less than 2 years, although the way its going i will have been there 20 years when this process ends!! i just need it to happen this way as i have mouths to feed and am the only wage earner as my husband has his own health problems, and if i just leave i will be making myself jobless and have to wait 26 weeks before i can claim any form of benefit, so unfortunately i have to go the whole hog and see it out. Such is life !! :roll: well, will let you all know how Monday goes with the occy health bod, catch y'all later and have a good weekend.
    Sally.x :D
  • markc1
    markc1 Member Posts: 253
    edited 30. Nov -1, 00:00
    Just to echo the last 2 entries...i'm in the same boat as all of you! i have a capability hearing on Friday 21 Aug.......i will know more then. :roll:
  • janie68
    janie68 Member Posts: 1,186
    edited 30. Nov -1, 00:00
    Sound like procedure to me, occy health may even suggest adjustments to help you at work. Companies have to cover their backs and go 'by the book'. Is part time not an option for you at all?

    Good luck for your appt with occy health

    Janie
  • harleyd14
    harleyd14 Member Posts: 259
    edited 30. Nov -1, 00:00
    hi janey, no, i asked just before i went back to work if i could go p/t and i was told that the hours were not available, as they would have to get a f/t supervisor too (my current role) as well as me doing 16/20 hrs. as for adjustments, there isnt a lift in the place and its a 2 floor store, customers are always complaining, dont know how they think the stock gets up there....teleportation i suppose!! so the adjustments would have to be :-
    1 ~ a lift or stair lift
    2 ~ a chair/stool behind the till
    3 ~ till points lowered
    4 ~ a downstairs toilet
    5 ~ a downstairs kitchen
    6 ~ a downstairs rest room
    7 ~ running water downstairs
    hmmmmm...think it might be a tall order especially as i am only on minimum wage !! and i reccon Robert Dyas will go into receivership once they have shelled out for all my needs !! ho hum, we shall see what tomorrow brings.
    Good luck marc for your one one 21st, let us know how this goes.
    take care all. love Sally. x :D
  • janie68
    janie68 Member Posts: 1,186
    edited 30. Nov -1, 00:00
    Hi Sally,

    This sounds a bit like constructive dismissal to me now, they wont offer you reduced hours, couldnt it be like job share position. Sorry hun, just gets my back up when you are poorly with a lifelong illness and they wont help you!!

    Access to work will pay for adjustments to the workplace the most they will pay is something like £thousands +++ so that will shut them up. your work would only have to pay £300 towards the cost.

    Keep us posted as to how you get on.

    Janie :)
  • woodbon
    woodbon Member Posts: 4,969
    edited 30. Nov -1, 00:00
    When I was ill health retired I had to go through all the occy health hoops before they finally did it. I think it has to do with employment law, but I'm not certain. Love Sue
  • harleyd14
    harleyd14 Member Posts: 259
    edited 30. Nov -1, 00:00
    hi all, well that turned out to be a full on medical, bit of a shock :shock: for both me and the doctor, as he could tell by my face that i wasnt expecting that, i told him that i was told it would be regarding adjustments needed to be done to the workplace, he said "no, this is to find out if you are medically fit to be at work", well i went though with it anyway and i came out of there being told that i am NOT medically fit, so am kinda glad that i went through with it, but bl***y annoyed at HR for duping me into it under the pretence of a Occy Heath discussion. :x
    thanks for all the comments, wil keep you informed of all that happens as according to the dr today, he said that i should go into work tomorrow and inform them of his descision and then go to my dr and get him to sign me off fully for the rest of the duration of my ill health dismissal, dont know if i have the bottle to do that as i have no proof until his report comes through and it also means that we will have no money coming in either except SSP, woopie do !!!! course, we could always give up eating !!!
    thanks again all you lovely lot, take it easy, Sally. x :D
  • bevman
    bevman Member Posts: 107
    edited 30. Nov -1, 00:00
    Hi i am also in the same position i have worked for the same place for 30 years my pension has been refused and i am now going to appeal but have got to go and see another consultant in RA to prove that i have got sever RA and then it will go to a panel of people and one medical doctor to dcide even though my own GP and my consultant are really angry at the whole thing.Then if it is turned down i cannot appeal again for six months andit has to be with new evedence i am already in a wheel chair how much wors do they want things to get you think you pay into pension schemes for years and when you try and get the thing you are told well you cannot have it what a joke sorry for the rant i hope you get your pension sorted out don,t give up
  • harleyd14
    harleyd14 Member Posts: 259
    edited 30. Nov -1, 00:00
    hi bevman, god this system makes my blood BOIL :x , they just dont want to help the honest person do they, all we want is what is rightfully ours, like you say, pay into the system for years just to get stabbed in the back. i really hope your appeal works out for the best....as for "how far do they want you to proove" i really dont know how bad they expect you to be, maybe if we went into these appeal halls and whacked them on the knees, hips, fingers and back and then said "at least your pain will go but i feel like that...and worse, on a daily basis" they might have just an inkling of how we feel and hurt.
    good luck to EVERYONE who is in this position, and there seem to be an awful lot of us fighting our corners for what is rightfully ours through years of hard work.
    take care one and all, lots of love Sally.xx :D
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