IHR - employer still not made a decision!

MargaretBella

Hi all. I’m going through the IHR process. The IRMP’s report was received 6 weeks ago but my employer still hasn’t responded formally or found a suitable date for the Stage 4 hearing / dismissal. I’m still in limbo and the stress is terrible. Nothing to suggest (yet) that they’ll disagree with the IRMP as they supported my application all along but clearly the formal decision isn’t a priority for them. They’re citing staffing pressures and diary availability as the reason for delay. How much more time can they ‘reasonably’ take before I have grounds for a complaint? My union rep is trying to find out if there’s guidance but I hoped someone here might know! Thanks in advance

Bydand

https://forum.scope.org.uk/discussion/131078/ihr-employer-still-not-made-a-decision

can I ask which employer you are with, local, council, civil service, nhs etc

MargaretBella

@Bydand Hi - it’s local gov so LGPS

Bydand

https://forum.scope.org.uk/discussion/comment/996624#Comment_996624

Hi again

From LGPS site…..IRMP Decision

Once the IRMP has made their medical opinion, the certificate will be completed and returned, along with a narrative report to the employer. When the employer receives this certificate and accompanying report, they should look at it in conjunction with any other information they have. The employer will then make their decision on pension entitlement, including which tier of ill health award the member is entitled to.

Seems fairly straightforward for any employer to follow

The timescales that you have indicated are completely unjustifiable. You would usually be invited to a quick meeting to inform you of the decision and this would be followed up to you in writing. This would be expected to happen very soon after the employer has received the IRMP decision. It is not in the interest for the employer to drag their feet over this.

I am not sure why you have mentioned stage 4 hearing / dismissal as this would be separate from IHR and the decision you are given.

If you are successful in IHR then you would be retired not dismissed

If you were unsuccessful then you can appeal that decision, if subsequently still unsuccessful then you might progress to stage 4 for dismissal on grounds of capability etc then.

It would be expected that you are not dismissed whilst appealing an unsuccessful IHR decision as you could be successful on appeal.

Not an expert by any stretch of the imagination and I was civil service but processes are fairly similar where it matters, hopefully others with more knowledge will chip in.

I would email your HR and explain that you have not been told of any IHR decision yet despite the IRMP report having been received sometime ago. Ask for clarification of when you can expect to hear of the decision……make sure this is by email, not verbally as it is important to be able to evidence communication.

Good luck

S

MargaretBella

Hello again @Bydand - I haven’t explained myself very well - brain fog levels are high at the moment! They have acknowledged the decision and informally told me they’re pleased it’s gone in my favour but they’re taking too long to convene the formal meeting that triggers the start of the process as regards accessing the pension. With LGPS, dismissal is required for them to make the award and it’s done in one meeting with a report sent around prior explaining absences, occ health, referral for IHR, decision re IHR. Nothing has moved forward in this respect, and they are taking forever with sorting a date for this all to happen on. My union believe there is a presumption of it all taking a ‘reasonable’ amount of time but can’t tell me how many week, months etc. I wondered if anyone here had been in the same situation as me as knew what ‘reasonable’ is judged to amount to in terms of length of time taken. I’m on nil pay and I need to access my pension which can’t happen until they’ve formally given their decision to award in (based on IRMP’s decision and any other relevant facts).

MargaretBella

@Bydand when I say dismissal, the correct term is probably termination on grounds of ill health!

Bydand

https://forum.scope.org.uk/discussion/comment/996668#Comment_996668

Ah, got you know, sorry, I am a very literal Lind of person

ok that makes sense, so it’s just the dragging of their feet that’s the problem.

I still feel the timescale is still unjustifiable really. Especially if they are ok and support IHR. If they have received the report and subsequently support IHR then there is no excuse for postponing a hearing to initiate the leaving procedure. A hearing does not take long and is really only a tick box exercise for them.

I would still recommend a nice email to HR explaining things from your perspective, and especially the point about nil pay…just make sure it is an email.

There would be nothing wrong in stating that you feel that if they cannot give you a definitive timescale then they have left you no choice but to put in a formal grievance. As I stated earlier it is in both your and the employers interest to have this resolved.

Thanks for the clarification.

S

MargaretBella

hi @Bydand - thank you so much for taking the time to reply again - it’s reassuring you also think the timescale isn’t justifiable. What you said about it being a short and essentially tick box process if nothing is in dispute is almost word for word what my union rep said. She reckons it could be done in 5 mins - it’s just a formal goodbye and goodluck really! She also thinks a grievance may be appropriate if things aren’t sorted imminently. I am going to contact them on Monday and state my case - I think being known at work as someone agreeable and patient (and conflict adverse) is working against me so maybe putting my foot down is required. Thanks again for the advice and the moral support - it is always good to confer with someone objective who understands.

MW123

https://forum.scope.org.uk/discussion/131078/ihr-employer-still-not-made-a-decision

If staffing pressures are causing delays, that’s understandable, but ACAS guidelines emphasise that employers should handle such processes without unnecessary delays. While ACAS doesn’t specify an exact timeframe, prolonged silence or lack of progress could still be deemed unreasonable.

If your union rep hasn’t already approached your employer, you might want to ask them to request a formal timeline on your behalf. If they’ve already done this, requesting it again may prompt your employer to act more swiftly. It's important to keep applying polite but firm pressure to get this resolved.

MargaretBella

thank you @MW123 - that is hugely helpful. I will cite the ACAS guidance when writing to them. I’m so exhausted by the whole process (I’m 14 months in!) and so prompts like this are very much appreciated.