nav[aria-label="Primary Navigation"] { padding: 0; & ul { list-style: none; width: 100%; display: flex; flex-direction: row; justify-content: start; align-items: start; gap: 30px; padding: 0; & li { margin: 0; } & ul li { list-style: none; } } }

We want to hear from you: please tell us about your experience of the online community.

Being dismissed on ill health really worried how it will effect my future j

miw1246_

Hi new to this site

I have been unwell with chronic back pain and mental health for over a year now and have been off work for 9 months I have been diagnosed with ptsd too from a workplace incident that took place before I went on the sick which effected my mental health massively

I thought i could of recovered and gone back to work but still on the sick 9 months later so now my employer is dismissing me on ill health which is understandable but my only concern is how it will affect my future employment.

I have worked since I was 15 and iam nearly 40 and ived never been this unwell to loose my job obviously i want to recover properly and find different work but I am concerned how It will effect my future as I dont think my current work will give a good reference either as I did walk out of the place before going on the sick due to the trauma I endured with the incident.

Find more posts tagged with

Comments

Holly_Alumni

Hi @miw1246_ and welcome to the community. I can't begin to imagine how difficult this has been for you, especially after working nearly 25 years. It must have been a huge adjustment over the past 9 months, and is naturally going to take a toll on your mental health.

There's no rush, as you've said you're focusing on your health and feeling better and ready to get back into the world of work but when you are, may I suggest contacting our support to work team (link below).

Support to Work | Disability charity Scope UK

We partner with a number of organisations and the team offer so many support options including preparing (such as support with CV's etc), as well as finding the right fit for you, and their support of you doesn't stop as soon as you enter work. There's no expectation or pressure for you to go into something you're not ready for. You might even choose to try something completely different, or adjust the hours you work to what you have before. I did this whilst recovering with my mental health and it really changed my world for the better. I want you to know that there are organisations out there who are open minded and understanding to what you've been through and will support you.

miw1246_

https://forum.scope.org.uk/discussion/comment/1096700#Comment_1096700

Thankyou For you reply

Yes it has been very difficult considering my work place caused my mental health problems and now iam being dismissed on their terms so feels abit injust but maybe its for the best in the long run.

I am glad there are organisations that can help as ived never been through this before obviously I know iam not ready for work just yet but eventually when iam fully recovered I can live a normal successful life it's nice to know other people have been through this before as its so daunting something being taken away from you due to health reasons

Thanks for your kind words x

Rachel_Scope

Hi @miw1246_, I'm so sorry that you experienced a traumatic incident at work. Just to add some more information, here is a link to ACAS which provides information about your rights at work https://www.acas.org.uk/resignation-and-dismissals . Are you part of a union? They can help you navigate the process and make sure you are being treated fairly.

In terms of a reference, they must provide one that is fair and accurate and they can also refuse to give one. Could you use a previous employer as a reference instead?

Focus on getting better for the time-being and start looking for work when you feel ready.

Bydand

https://forum.scope.org.uk/discussion/143434/being-dismissed-on-ill-health-really-worried-how-it-will-effect-my-future-j

Hi,

Sorry to hear about youre health and the work issues which have arisen from you being poorly.

The first thing you need to clarify is whether the employer is talking about medical capability or ill health retirement (IHR) as they are very different. It is important to clarify which it is.

Key Distinctions

Ill-Health Retirement: This is a voluntary process usually initiated by the employee, usually in conjunction with Occupational Health, to access pension benefits early due to permanent incapacity.
Capability Dismissal: This is an employer-led process where employment is terminated because the employee is medically unfit to work.

Employer Obligations Before DismissalIf an employer moves toward dismissal due to ill health, they must follow a fair procedure to avoid claims of unfair dismissal or disability discrimination:

Consultation: The employer must consult with the employee about their health and future prospects.
Medical Evidence: They must obtain up-to-date medical reports (e.g., from Occupational Health or a GP) to understand the prognosis.
Reasonable Adjustments: If the employee is disabled under the Equality Act 2010, the employer must consider changes to the role or workplace to help them stay.
Alternative Roles: They must investigate if there is any other suitable alternative employment within the company.
Pension Consideration: If a pension scheme exists, the employer is often legally required to check if the employee is eligible for ill-health retirement benefits beforefinalizing a dismissal.

If You Are Facing DismissalIf you believe your employer is forcing retirement or dismissing you unfairly, you can:

Contact Acas (Advisory, Conciliation and Arbitration Service) for free advice.
Check your employment contract and pension scheme rules.
Seek advice from a trade union representative or an employment solicitor.
Generally I’ll Health Retirement is considered by an employer following years of ill health, several periods of extended sick, failed back to work plans and an exhaustion of all possible reasonable adjustments. It would be usual practice for you to have been under Occupational health during this period and for them to report back to the employer. It would be occupational health that suggests whether you likely meet the criteria for ill health retirement or not. An employer cannot make that decision on their own.
You should be aware that even if OH suggest the IHR path this does not automatically mean you will be awarded it. It just means that the employer will initiate the process.
Being successful in an IHR application is difficult as it is not a case of just being ill or having an illness, there is far more to it that you have to be aware of.
I would highly recommend getting a copy of your pension policy as it should have detailed information on the IHR criteria you would have to meet.

If they are deciding to let you go through medical capability you still have rights and the employer needs to have acted in a fair and systematic manner in conjunction with HR. An employer can be taken to an employment tribunal if they are shown to have acted inappropriately or fairly.

If in a union I would ask their advice or contact ACAS.

Kindest

miw1246_

https://forum.scope.org.uk/discussion/comment/1097140#Comment_1097140

Thankyou for your reply

They Are dismissing my on ill health capability as my occupational health report states I have no return date.

But when I went in for a absence meeting even though I wasn't even meant to attend but my boss said it would be informal They just said ill health retirement which I refused or ill health dismissal because they couldn't accommodate reasonable adjustments as of my only one occupational report they just want me out as I walked out in may and whilstblown so now they dont want me there.

Do you know weather you get paid off for being dismissed due to ill health I have been there for 9 years

miw1246_

Yes I think my goal is to get better as for the past 9 months I have just been very unwell and going back to a toxic work environment is never going to get me well. I have emailed my unison to liase with my work as I really dont want to anymore and I have asked for a fair non bias reference and that it will be ill health dismissal and not misconduct-related.

Tbh I think I just need a clean break from it all and hopefully with your organisations help I will be able to get a new job in the future

Rachel_Scope

It sounds like it'd be really good for you to have a clean break and start your next chapter 😊 That's great that the union will deal with them and it seems like you've been clear about what you want to happen.

I've had a look for information on ill health dismissal and found this https://www.acas.org.uk/dismissals/types-of-dismissal . It also talks about disability discrimination which may be a factor in your case. I'm not sure about payments I'm afraid, but hopefully someone else will know more.