Hi, my name is johno70! Work threatening to fire me if I dont give a return to work date.

johno70

Hi everyone just looking for a bit of advice in December I was diagnosed with severe sleep apnea and although my treatment has reduced the symptoms I'm not yet at the level I need to be at, I'm an hgv driver and dvla have revoked my license now my work have put me on a stage 3 and if I don't give them a return to work date soon have told me they would have to look at getting rid of me on the basis of capabilities iv been doing this job for last 3 years and have been hgv driver for over 30 years and don't know what I can do next does anyone know if I could cash my pension in from here or have any advice?

Albus_Scope

Hey there @johno70 welcome to the community.
Sorry to hear your sleep apnea still isnt under control, I remember how tough it was for my sister when she was trying the many different treatments.
For anything work law related, I'd suggest speaking to the wonderful people at ACAS though some of the community may be able to offer some advice too.

poppy123456

Are you receiving SSP from your employer? If not then you can claim New Style ESA. You will need your SSP1 form from your employer and a fit note to claim this. This isn't means tested so capital/savings and pensions of up to £85/week are all ignored. For every £1 of pension income over £85/week the ESA will be reduced by 50p/week.

https://www.gov.uk/guidance/new-style-employment-and-support-allowance

Whether you can cash your pension in will depend on your age.

Have you used a benefits calculator to check entitlement to Universal Credit? (UC) It's a means tested benefit so whether you're entitled will depend on your circumstances. If you live with a partner you'll need to claim as a couple and your joint circumstances will be taken into consideration. If you have capital/savings of more than £16,000 you're excluded from claiming.

https://www.entitledto.co.uk/benefits-calculator/

If you claim both of those together the ESA will be deducted in full from the UC. If you have pension income then this is deducted in full from any UC entitlement.

Unless you live in Scotland you can look at claiming PIP. It's a disability benefit that isn't means tested. However, it's not awarded based on any diagnosis. Whether there's any entitlement will depend on how your health conditions affect you.

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/

https://www.citizensadvice.org.uk/Global/Migrated_Documents/adviceguide/pip-9-table-of-activities-descriptors-and-points.pdf

If you live in Scotland then it would be Adult disability Payment.

https://www.mygov.scot/adult-disability-payment

johno70

https://forum.scope.org.uk/discussion/comment/900216#Comment_900216

Hi Poppy thanx a lot for your message I'm 54 and I'm already receiving esa £90 a week but my problem is my work place are looking to get rid of me due to capabilities to do my job and I have another meeting with them on the 28th of this month and I have no idea what to say or do at this meeting

Bydand

https://forum.scope.org.uk/discussion/121432/hi-my-name-is-johno70-work-threatening-to-fire-me-if-i-dont-give-a-return-to-work-date

Hi

Firstly, sorry to hear about the predicament your in, it can’t be easy.

Employers do have a right to dismiss on grounds of capability but must ensure that all guidance has been followed and that the reason for dismissal is fair having taken into account the guidance.

My first thoughts are…are you in a union to get advice from, and have HR and Occupational health been involved at any point….if so what are they advising.

If no OH contact then you can’t really blame any employer for raising concerns when a period of sick is so open ended with no return date

I would imagine that even if you decide to return you would likely have to have a medical in order for DVLA to reinstate your licence.

You also need to be honest with yourself and your employer……if you are having issues with your sleep, likely putting you into sleep deficit then that would concern me due to the nature of your job.

Does your employer and pension provider offer Ill health retirement as an option

Sorry can’t be more help

It may be of help too join and post on the truck net forum and ask advice there.

I would not look to be cashing in any pension until you have exhausted all other avenues.

Getting specialist advice might also be needed….try reaching out to acas

johno70

Hi thank very much for your advice ye oc hr and acas have all been involved and your right the company have done all they can but as my sleep apnea is not were it needs to be in regards numbers there not a lot I can do just a horrible situation all round as being an hgv driver is all I have done for last 35 years thanx a lot again 👍