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Hi, my name is mackay1410! Employer wants to fire me, any advice please?

mackay1410

I am being treated for epilepsy at the moment. I also have a long history of anxiety and depression.
I have been off work sick for nearly a year. No SSP or any funds from my employer.

They want to fire me. I am airline cabin crew and I want to take ill health early retirement. Any advice or recommendations please? Thank you.

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mackay1410

I forgot to add I am classed as disabled and receive PIP.

durhamjaide2001

hi and welcome to the forum I just wanted to say well done for being a cabin crew member. I have physical, medical, mental, and learning disabilities as well as autism. This wouldn't work out for me.

In terms of PIP, I'm glad you are claiming it and you have some money coming in. As far as I know you can apply for Universial Credit but I don't know how this works because we are to scared to try it ourselves on me with issues from benifits in the past.

The only other thing I would like to do is welcome you to this community and suggest to you that you visit the coffee lounge for a general chat or the games den for some fun and games.

mackay1410

Thank you!
I am happy to be here.

I am interested to know about ill health retirement/ drawing pension early? Anyone gone down this road with their employer?

Also, any advice on how to handle a ‘ intimidating’ manager. I know I am protected under the equality act 2010.. but would like to hear other people’s experiences.

Rosie_Scope

Hi @mackay1410, welcome to the community.

ACAS can be great for this sort of thing, so it might be worth getting in contact with them to find out what your rights are:

Acas | Making working life better for everyone in Britain

Are you part of a union at all? Sometimes a rep can come with you to meetings if you are.

I hope some of our members might be able to share their experiences too, but there's a page about ill health retirement on the Scope website here in case you'd like to have a read:

Stopping work and ill health | Disability charity Scope UK

durhamjaide2001

thank you @Rosie_scope for your help it's much appreciated

Sandy_123

@mackay1410 welcome to the forum, I'm hoping your in a union, if not as advised acas. Have you been seen by oc health though your work?

luvpink

https://forum.scope.org.uk/discussion/comment/988716#Comment_988716

Early ill health retirement is extremely difficult to get.

You will need the support/agreement of your occupational health Doctor to agree that all reasonable adjustments have been tried and failed and that you are no longer to fulfill any other role.

If you are in a Union you will need their support and advice to attend any meetings with your manager.

Please do not resign because this may affect you being able to claim universal credit in the future and if you do manage to get an ill health retirement pension, that and any lump sum will affect your benefit entitlement.

It took me three years and it was enormously stressful

I wish you well.

mackay1410

Thank you everyone.
I am not fit to do my ‘ contractual ‘ role. I am an Airline Hostess .. was.
Various aviation laws make it extremely difficult for me to continue my career. Such as every time I have an ‘ episode/ seizure ‘ I have to be grounded from flying for 12 months. So that is a major issue. It doesn’t make me incapable, it makes me ‘ difficult ‘ to manage and would end up in the same place I am now ( in terms of sickness processes.)

Reasonable adjustments would be finding another role.. but I live nearly 100 miles from base. Can’t drive and will not take public transport for nearly 4 hrs each way ( cab, 2 trains, tube and walking ) to get to work. Too stressful and impractical.
So that leaves working from home, but my meds cause me nausea, blurred vision, tremors, fatigue and recently I’ve had a black out. So that idea is out too..

I don’t want them to sack me due to being ‘ incapable ‘ so need advice. Employment laws/ equality act etc. plus your experiences obviously.

mackay1410

Sandy_123

yes have Union. My rep says ‘ I know more than him ‘

So basically leaving me to it.

Spoken to OH throughout the year. They seem to think I will/ can come back but my manager does not like the non definitive time scales. And she’s about to find out ( from me ). That each time I have an ‘ episode ‘ then the aviation authorities will ground me for 12 months…

that’s why I want to take ill health retirement. I don’t want to be fired. So wanted input on equality act and/ or employment laws.. any advice from experience really.

Bydand

https://forum.scope.org.uk/discussion/comment/988973#Comment_988973

Hi,

Retired from civil service on full IHR pension so have some understanding of the procedures and pitfalls.

My first recommendation would be to get a copy of your absence management policy and thoroughly look over this as it should have detailed info on sick periods, various breach points reached, dismissal from service etc.

Secondly, if you havent already done so I would get hold of a copy of you’re specific pension policy as it will contain everything you should be aware of including ill health retirement details and the criteria that needs to be fully met etc.

It often isn’t enough to have an illness or condition on its own, even if they are causing you work issues. Any pension provider will look at permanence of both condition and symptoms. Permanency is the be all and end all of a favourable decision.

Being classed as disabled in the context of any IHR application isn’t really worth much on its own.

Read through both of the above suggestions, then read over several more times until you have a good working knowledge of the various procedures…. This is important as it gives you a little control when dealing with others. You need to be very proactive if applying for IHR.

With regards your intimidating manager, I would suggest getting advice from your union….they could suggest mediation of some sort etc…If nothing else, just the fact that you have drawn their behaviour out to others can be enough for them to have a change of behaviour. I would advise keeping a record of any meetings you might have had with them, and or emails etc that you weren’t happy with.

Won’t have all the answers but feel free to throw questions my way and I will try and at least offer a balanced viewpoint

Bydand

https://forum.scope.org.uk/discussion/comment/988973#Comment_988973

Hi again

You state that you have had OH contact and they have advised that you will likely be able to return to work.

This is problematical currently for any IHR as OH need to be fully supportive of any Application, indeed if you have exhausted all other avenues and reasonable adjustments at work it would likely be OH suggesting IHR to you. They have to genuinely believe that you can return to work or that you can’t.

The pension provider will seek clarity from your employer that all reasonable adjustments have been looked at put in place. If they believe there are other things that could be looked at then they will not progress any application.

mackay1410

Thanks for the comments. I have a ‘ big ‘ meeting with my manager tomorrow morning.
I have taken everything onboard that you have said. I don’t want to be ‘ fired ‘ for being ‘ incapable. ‘
Hence why I asked the question about IHR.
I would rather that.
I will update after the meeting. Thanks everyone 🙏🙏❤️❤️

Rosie_Scope

Best of luck with your meeting today @mackay1410, hope it goes well!

mackay1410

Hello Everyone,

The meeting didn’t go well. I lost my cool a bit. My union rep did not supple.

The manager said she had not heard of early Ill health retirement.

I’m having a little cry. So overwhelmed. 😢

Rosie_Scope

Sorry to hear that @mackay1410, that sounds really stressful. Don't feel like you have to sort out the next steps right away, take a bit of time if you need to and look after yourself. Hope you're okay 💜

luvpink

https://forum.scope.org.uk/discussion/comment/989829#Comment_989829

So sorry to hear that.

When I went through the early IHR route many years ago it was enormously stressful.

The meetings were horrible and my manager and Union rep were unsupportive but after three years of persevering I did get there but it drained me both physically and mentally.

mackay1410

Thank you all. It was very stressful.
I backed it up with a nice email ( few errors and spelling mistakes ) written with shaking fingers.
I cited the agreement in the email, highlighting the section on ill health retirement that NONE knew about. Not even my union Representative!!
This is all I can do .. for now.
Next meeting 15th April, although she expects me to get another job in the company in that time…. 🤣🤷‍♀️😩

Bydand

https://forum.scope.org.uk/discussion/comment/989829#Comment_989829

Hi, sorry to hear that your meeting didn’t go well.

What I would advise is that you ask your employer for a new referral to OH (yes, as an employee you can ask for this!).

From the latest info you provide this will enable OH, your employer and yourself to be all singing from the same page as opposed to different meetings and past referrals all muddying the water, especially if your condition has gotten worse meantime.

I do agree with your employer to though, they do need clarification from OH so they can know how to proceed, and obviously it is not only your health condition that has an impact on this but obviously the rules governing the fitness to fly rules that you alluded too.

It is important that you are truthful and honest when speaking to OH…people often feel that because OH providers work in essence for your employer that they are just there to get rid of you but in actual fact their remit is to help you return and stay in work where possible…...however once they advise that there are no more actions they can advise on or recommend then the discussion about IHR should be put forward to you

As part of the OH conversation you need to mention the fitness to fly rules that apply to you as they may be completely unaware of this.

Lots of people feel disappointed with the support union reps give so you wouldn’t be alone in this.i have had a few run ins with my reps in the past. Any local rep worth their salt though should be able to put you in touch with someone that has knowledge of the IHR process etc, especially if they themselves are not sure of all the processes….. It may be difficult but you should still keep in contact with them, ideally through email so it is recorded….this can be important if you choose to take your employer to a tribunal.

Good luck moving forward

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