Employment question -

Discussion in 'Bulletin Board' started by Red-Taff., Jun 3, 2024.

  1. Red

    Red-Taff. Well-Known Member

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    Brother-in-law worked for large National Energy company for 15 years - developed a chronic illness and now after a period of time off work his employment terminated. (Too unwell to go back.)
    Does he have any rights re severance pay/pension or is it up to his employer to pay (or not pay) any monies. Do companies set their own rules or are there National Rules/Guidelines? Thanks.
     
  2. I'm Spartacus

    I'm Spartacus Well-Known Member

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    Hopefully, he's a member of a union. If so get him to approach them asap.

    If not contact Citizens Advice, again asap.
     
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  3. Jimmy viz

    Jimmy viz Well-Known Member

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    I imagine it is a capability decision

    See ACAS guide. Basically they need to have considered and tried reasonable adjustments.

    https://www.acas.org.uk/capability-...about an employee's,or support could not help.

    As others have said if your relative is in a TU then Thompsons can support and have a lot of expertise in this area. If not I have to be honest then fighting it will be very difficult. As a TU conveyor it was something I dealt with occasionally and is pretty complex legally.

    The reasonable adjustment question is crucial though.
     
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  4. Red

    Red-Taff. Well-Known Member

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    thanks JV
    He is ill with a severe blood disorder and not well enough to return to work even if adjustments were made. Can his employer just not do anything when his period of paid sick leave ends or are they obliged to offer severance pay/pension ?
     
  5. Journo Tyke

    Journo Tyke Well-Known Member

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    Sorry to piggy back on this... but this is exactly why everyone that works should have income protection, and why I recommend it to all my clients.

    Hope he gets something helpful mate.
     
  6. Brush

    Brush Well-Known Member

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    I would assume that if he was in an occupational pension scheme, it should pay out. It's his money. Nowadays he can move it out of the scheme into a personal pension and draw down on it. 15 years on a decent salary should be a substantial pot.
     
  7. Jimmy viz

    Jimmy viz Well-Known Member

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    No worries. Without knowing exact details it’s hard to advise and I’d hate to share anything that wasn’t correct.

    Pensions usually depend on age. Many schemes will allow you to access at 55 but there may/will be financial consequences for doing that. He should get specialist pensions advice before doing anything

    Wouldn’t be covered by Redundancy as the post is not being made redundant. Your relative has been judged to be not capable of that job.

    I would assume that they have followed the correct steps have been taken around reviewing capability.

    One route that seems closed is a tribunal as it doesn’t seem the judgment in your relative not being capable of doing the job is incorrect. I assume occupational health have had an input into the process.

    is he capable of doing any job and if so have any alternatives been suggested.
     
  8. Hooky feller

    Hooky feller Well-Known Member

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  9. Hooky feller

    Hooky feller Well-Known Member

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    See my post to Journo mate. Meant for you.
    Not sure you can do anything. If the person will never be able to return in any capacity. More firms are reluctant to let folk go through I'll health retirement. Can cost em money.
     
    Last edited: Jun 3, 2024
  10. Red

    Red-Taff. Well-Known Member

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    thanks for the replies
    and for the excellent links from JV and HF - have sent the links to my brother-in-law.
     
  11. Che

    Chef Tyke Well-Known Member

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    Send me a PM mate , I’ll try and help him as much as I can.
     
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