Termination or redundancy

[Bilton]

I had a brain haemorrhage in June 2024, at the beginning or 2025, I had an operation, im now left with little energy, have to use a walking stick, no earing in my left ear and loss of partial sight in my left eye. I have not worked since June. 2024. I have to attend a meeting with my employer in Late January. Where I think they will have no alternative but to let me go. The consultant says my recovery is not likely to get any better, im also depressed. What are my options?

[PallasAthena]

Sorry to hear about all that has befallen you. ULA is very knowledgeable about employment and may be able to advise.

Has your employer sent you a wriiten request to attend the meeting in January? If so does the letter say what the purpose of the meeting is? Please post up on here exactly what the employer says is the reason for the meeting.

[ULA]

Sorry to hear about your situation.

It is unlikely this will be a redundancy, however it could be a termination on the grounds of capability due to continuing ill health. It would be good to understand what your employer has set out the purpose of the meeting will be in late Jan, which they should really have sent to you via written communication - letter or email.

Despite the length of time you have been off work they should still follow a fair process

They need to gather medical evidence before making any decisions either by way of obtaining a report from your consultant, with your consent, or arrange an occupational health assessment. Under the Equality Act 2010 many long term conditions would be considered a disability and they would therefore be required to explore the possibility of making reasonable adjustments to e.g. duties, hours, redeployment to assist in a return to work.

Unfortunately if you are unable to return in a reasonable timeframe, even with adjustments dismissal on the grounds of capability may be fair.

In reaching this conclusion they should consider all the medical evidence, explore with you reasonable adjustments and held meaningful consultations with you. If all alternative have been exhausted the employer should hold a formal hearing meeting with you for which you should receive written notice of the hearing; be allowed representation; be given all evidence in advance and then given the chance to present anything you wish to .The employer then decides whether given all the evidence dismissal is reasonable. If the decision is made to dismiss then you will be given the right of appeal if that is the decision.

There may also be the option, dependent on the rules of the scheme, to take early retirement on the grounds of ill health, whereby you access your workplace or personal pension early because a health condition means you can no longer work.