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Employer trying to force IHR

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  • Employer trying to force IHR

    Hi,

    I have a colleague who has been off sick for a few months and is awaiting surgery, been assessed by OH as not being able to continue in his role pending surgery.
    He receives calls from management and in my view is being harrased to taking IRH and also been told he may have no choice in the matter so they are Trying to force him out.
    Can employer do this, ie disregard OH report?

    Thanks
    Tags: None

  • #2
    what is IHR? Or is it IRH?
    Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      I assume the OP means Ill Health Retirement, but it would be helpful if they could clarify.

      I don't know what sector the OP and their colleague work in, but from my experience as a former NHS manager in order to get IHR you need to be so ill that there is no future prospect of you being able to do any work at all. Simply being unable to work pending surgery wouldn't qualify on its own

      But it all depends on the T&Cs of whatever scheme the OP's friend falls under.

      (If this is private sector employment I have no idea)


      [edit: plus the OP seems to be deep into their own employment problems regardless of their colleague. See other thread...]
      Last edited by Manxman; 28th March 2024, 15:15:PM.

      Comment


      • #4
        Hi,

        Yes I'll health retirement, it's a private company.

        Thanks

        Comment


        • #5
          Hi,
          Apologies, yes I do have ongoing issues, sorry if I shouldn't have asked.

          Thanks

          Comment


          • #6
            No one is saying you should not have asked. It was just the TLA* that we queried.




            *Three Letter Acronym
            Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

            Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              OK Thanks

              Comment


              • #8
                An OH assessment that says your friend is not fit to work pending surgery does not mean that after and following recovery, they should not be able to return to work.

                Even if it is a private company, there will need to be medical evidence for any consideration of IHR.




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                Comment


                • #9
                  OK thanks will let him know.

                  Comment

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