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Ill health retirement

rocenante

Good morning everyone

I had my first capability meeting in January 2024 and my General manager confirmed that even with reasonable adjustments I wouldn't be fit for work. I was diagnosed with MS, lumbar spondylosis, severe tinnitus and PTSD. I was assaulted a work in January 2022 and since my health has taken one hit after another. I won my compensation case against my employer last week. Only my civil Court case to go,which had been adjourned 8 times. Now I've been off work for over a year now and have used my full sick pay entitlement. Last week's pay was £4.25? I have phoned, emailed my work for my wage slips to be sent to me along with my P60 SSP1 form but haven't received anything I emailed asking for a detailed breakdown of my wages, which have falled on deaf ears.

I contacted my pension provider who assured my that they had done everything but that it was my employer that was holding things up. They even phoned me to ask me to phone my GP to ask if any requests for my medical reports had been made.

I don't think so because no one asked for my permission....my employer had requested my medical records 8 weeks previously but hadn't paid for the service,so they had been in GPs for 8 weeks doing nothing. Now this has been a further 8 weeks and I've still haven't heard anything.

My union representative hasn't answered any of my emails,I copied him into emails I sent to general manager and likewise any I received back he's copied.

I applied for ADP and have been awarded higher rates for both mobility and daily needs. I don't know what else to do I contacted my union head office today and they have said they've passed it onto my local office. Sorry if this doesn't read correctly but I'm really struggling at the moment.

Thanks for any advice or assistance given

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Comments

Albus_Alumni

Hi there @rocenante and welcome to the community.

That certainly doesn't sound like an easy situation, I'm so sorry you're having to go through that. Have you spoken to anyone from ACAS regarding this? They're the experts on employment law and may be able to offer some top pointers. Can I just ask, are you in regular contact with your GP, I hate to think you're struggling without any support from them.

rocenante

Hi Albus, the last time I seen a GP was about six weeks ago had a bad chest infection that wouldn't go away. Our GP practice has been bought over and so I couldn't even tell you who my GP is. Luckily I see my MS consultant and Ms nurse on a regular basis. My tinnitus nurse who I can't thank enough has been a great help....she saved my life she got me help, bilateral hearing aids and listened to me. A course of cbt later, but have been advised to seek further help.

I'm in the GMB and just received a reply from my rep today,even though I have been emailing him recently, I wonder if it had any coincidence of my contacting GMB head office.

Albus_Alumni

Ah it's good you're getting some decent help there, that's good to know, sometimes just having someone that listens can make a world of difference. 😁 I found EMDR therapy a tonne more helpful than CBT for PTSD, so I'd say have a look into that next time you speak to your GP.

The GMB part sounds like you might be right, sometimes contacting head office can really grease the wheels.

Bydand

https://forum.scope.org.uk/discussion/120458/ill-health-retirement

Hi, sorry but a bit confused so you might clarify

.were you referred to occupational health on the back of your capability meeting

Have you applied for ill health retirement

rocenante

Hi there I was referred to occupational health had 3 meetings with them they said that they'd be no reasonable adjustments that my company could make. I work or used to work in the NHS but because the NHS lost the soft services contract, I was then employed by a private contractor,but tuped over on same terms and conditions. NHS provide occupational health to a certain level,then my company outsource occ health regarding ill health retirement. My general manager visited me back in December as I couldn't walk at the time and my speech has also been affected. She sounded genuinely concerned even asking if I had everything in place.... regarding a will ect....… She said back in December that she would look into ill health retirement for me... And I foolishly took her word for it.

Bydand

Hi again, sorry to ask questions but your answers might help the advice I offer as someone who has been through the IHR process myself.

In your first post you mentioned contacting your pension provider and they assured you that they had done everything and employer was holding things up………why did you contact pension provider exactly and what do they mean they have done everything?

You mention that a manager said they would look into ill health retirement……looking and doing are two different things……you personally have to start the process ( generally on the back of OH agreeing that IHR was now necessary and your employer agreeing also / this is what generally gives you the green light to apply)…..I know this sounds a bit simplistic but If you yourself haven’t started the application process by completing the application ie. answering the questions, providing details and evidence of medical diagnosis etc then you haven’t started the process for IHR……this would be a little problematic in your circumstances as the process can take in some cases the best part of a year but usually a little quicker…….its a problem because you state you have exhausted your SSP although any compensation payout may help meantime.

So, have you completed an IHR application?

What is your employer and HR stating with regards continued employment, being off work for so long is obviously going to raise red flags to them.

Be aware that you can only really apply for IHR whilst you are employed so if you haven’t applied already you really need to be.

Don’t ever trust anyone else to do the right thing, you yourself need to be proactive.

Please feel free to fire questions at me and I will do my best to help. My replies can come across as a bit brisk so don’t take offence, it’s just how my brain works with facts and figuring things out.

rocenante

Afternoon Bydand

I had three occ health meetings who at the time said they couldn't progress my ill health application as I'm employed by Serco. The NHS is contracted to provide occupational health to a certain point.

I had a capability meeting with my GM and absence manager who agreed about starting the ill health process as I had ask to start the process (my manager of my department has since passed away)

I contacted my pension provider as I hadn't heard anything from my work or provider regarding ill health.

ISIO provider knew about my application and had sent the relevant paperwork to my employer who didn't fill any of it in. They have since been in contact a few times letting me know what's been happening on their side ,but every time they contacted my work they said they've sent everything away.

ISIO phoned once again to ask my to phone GP asking if any requests for my medical records had been made(I hadn't been asked for permission) there had been a submission for my records 7 week previously but the fee for this service hadn't been paid so they had been laying in GP for 7 weeks. I phoned my employer stating this..oh we thought it had been paid.. they'll get on it straight away..took them another week.

Message from GM saying that my records had been sent through to Medigold...that was 8 weeks ago so 16 weeks since they had asked for my records.

I asked my GM for a break down on my wages I also copied my union rep in.

I'm still employed by them as the £4.25 I now get a week has something to do with national insurance.

Since I contacted my union head office complaining about union service,I've received two emails one yesterday and one today.

The one yesterday saying that they've asked them to send my wage slips and P60 also my SSP1 form.

I sent a rather sharp email back detailing everything that's happened since my assault to now and copied my GM into it.

They emailed I got today that they are chasing Medigold up also the see what holidays I'm due from last year also if I've still haven't heard next week to get back and he'll chase them up again.

I certainly wouldn't trust anything that any of them are saying.

Sorry if this answer is disjointed in anyway. As I can only describe it as thinking in slow motion

Question.. can they deliberately slow down or pause the process as I had a compensation case against them?

Were they wanting as to the outcome of the case?

Bydand

https://forum.scope.org.uk/discussion/comment/893046#Comment_893046

Hey,

Thanks for the extra info, it helps build a bigger picture.

I know that I have asked you whether you have actually filled out your parts on the IHR application form and I am still a little confused as to whether you have or not

The only person that can ask for IHR is you and likewise you cannot be forced into taking it and certainly no one can start the process without your consent. As such the general way these things happen is that OH and your employer agree that your illness is severe enough to warrant IHR and that all reasonable adjustments have been exhausted. From there you would be expected to fill out an IHR application. This will have various questions that you will need to answer and importantly it will likely ask you several times on the application for your permissions to access medical information etc. the answers you give along with the medical evidence is then measured against various criteria that your application has to meet fully. Your employer will also have to fill in parts of the application too. A decision on whether you have been successful or not would then be given…..the various stages of the application usually have time limits on them as various individuals or depts input their data.

There seems to be a lot of confusion between pensions provider and your employer

My advice for what it is worth is this.

If you have fully completed the IHR application form, including your medical permissions then ask HR what status your application is at as they should know as it is their responsibility to input the various data and dates into their computer system so there is a record.

If you have not completed the IHR application form then you need to do so asap. Your individual pension policy should give detailed information as to the IHR process associated with your pension….You are entitled to have access to all workplace policies….From experience do not expect GM’s or union reps to be fully conversant with policies and the ins and outs of the IHR process.

Any outstanding compensation case shouldn’t slow down or stop any IHR application as they are two different things. Whether an employer might deliberately slow down the process out of vindictiveness is another thing, but as I’ve already stated once an IHR application has been started it is generally managed through your HR dept and there will be deadlines within the application process that everyone has to meet. This is to stop any one individual or dept from dragging their feet.

With regards holidays that might be due…it is usually the case that if you are sick during any periods of annual leave then you will usually get those holidays back paid at your full rate.

Sorry I can’t be more help, your situation seems very complicated and my opinion is that this is being compounded by the fact the left hand doesn’t seem to know what the right hand is doing.

Again, ask questions if you are unsure…I do realise that various pension and employer schemes have differences but most should run along the same lines in dealing with the IHR process.