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: 

1. Consultation: The employer must consult with the employee about their health and future prospects.
2. Medical Evidence: They must obtain up-to-date medical reports (e.g., from Occupational Health or a GP) to understand the prognosis.
3. 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.
4. Alternative Roles: They must investigate if there is any other suitable alternative employment within the company.
5. 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