Terminate on ill health

@Davidrodd

I am really sorry to hear about your cancer diagnosis. You might not be aware, but a cancer diagnosis gives you automatic protection under the Equality Act, which means your employer has certain duties towards you.

You do not mention whether you have a workplace pension with your employer, and that is quite important here. Retirement on the grounds of ill health can only happen through a pension scheme, so it is difficult to understand what your employer is offering without knowing that first.

Retirement on ill health can mean very different things depending on the type of pension someone has. In a defined contribution pension scheme, it usually means early access to the money in your pension pot. In a defined benefit pension scheme or a public sector pension scheme, it can mean a lifelong pension, sometimes with increases if your health condition is severe. If you do not have a pension at all, then retirement on the grounds of ill health is not an option.

It might also help to understand how you feel about all of this. Do you actually want to leave your job, or does it feel as though you are being pushed towards leaving? That makes a big difference to how people here can support you and what options might be worth exploring.

If you do want to stay in work, your employer has a duty to consider reasonable adjustments to help you remain in your role. Retirement on the grounds of ill health is usually something that is considered only when adjustments are not possible or you do not feel able to continue working.

Regarding your holiday pay. Have you taken any leave during your employer’s current holiday year? Only holiday that you have earned but not taken can be paid, so knowing that would make it easier to see whether the three days they have offered is fair.

If you are comfortable saying which pension scheme you have, it will help others explain how different schemes usually work in situations like this and guide you towards places where you can find the right advice.

@Davidrodd

Holiday is usually worked out on an “accrual” basis. You earn your leave gradually through the holiday year. Every employer sets their own holiday year, so it’s worth checking your contract or staff handbook to see when yours runs from and to.

If your holiday year runs from January to December and you are entitled to 26 days, you build that up month by month. Holiday also continues to accrue while you are off sick. If you take no holiday in a full holiday year, your employer must pay you for any statutory holiday you have accrued but not taken.

How much you have built up this year will depend on how much leave you have already taken. If your employer has only mentioned three days, it’s reasonable to ask them or HR to explain how they have calculated that.

Because your pension is with The People’s Pension, you would need to contact them directly about ill‑health retirement. They normally ask for medical evidence, and they decide whether you meet their criteria. A diagnosis on its own does not always meet those criteria. If they do agree, you would receive whatever is in the pension pot you have paid into.

Wishing you all the very best with your treatment.