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Private medical and sickness

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  • Private medical and sickness

    My wife was signed off on long term sickness in february with a disability. Did work medicals and private medicals to confirm the condition and that one day she can return to work, just needs to rehabilitate, some physio etc. In june her employer advised her she could join the work private heath-care plan which would cover pre-existing conditions (they are an insurance co themselves), which she happily joined and her employee area online showed her enrolled successful in.

    She found out today that as of July 1st they cancelled her insurance on her. No notice to her, not even a phone call to explain why. Can an employer remove a health benefit they have enrolled you on like that? It makes no sense to do this to someone who is receiving treatment with a view to returning to work? Is it even legal?
    Advice given is offered as personal opinion only. I always recommend you seek professional legal advice.

    Negative, I am a meat popsicle

  • #2
    Re: Private mediacal and sickness

    They can, but only within the terms of whatever agreement was in place. She would need to get them to put their reasons in writing, and cross reference that reply to those T&C's.

    I'm assuming that the acceptance indicated on the site was provisional, pending further checking. Unless of course, they provided cover in writing which has now been rescinded.

    If they cannot, or even worse won't, explain then I would hazard a guess that she is being discriminated against, as it could be argued that they have broken their own terms.
    My Blog
    http://cabotfanclub.wordpress.com

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    • #3
      Re: Private mediacal and sickness

      ta will find out more. shes mailed them now.
      Advice given is offered as personal opinion only. I always recommend you seek professional legal advice.

      Negative, I am a meat popsicle

      Comment


      • #4
        Re: Private mediacal and sickness

        I don't want to alarm you but be prepared for this; 6 months after you go on long term sick is usually the point at which an employer starts trying to find a reason to get rid of you.

        It is *suddenly* realised that your performance wasn't up to scratch or a toadying colleague is found to sign their name to a statement criticising some aspect of your behaviour - which then warrants *investigation*.

        Come back here for help if this happens, a lot of people have been there, me for one
        Scottish Wildcat Association, conserving Scotland's critically endangered wild felines

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        • #5
          Re: Private mediacal and sickness

          They tried to do that after the first month mate Basicly ignored what she was telling them and what the specialists from the hospital said and also tried to use some of her sickness as reason for it - even though the specialist said those were all symptoms of her condition.

          Once she logged a formal complaint about HR and escalated it up the dispute resolution chain under disability discrimination, they didnt uphold the complaint about the HR girl but they did reverse all the capability hearings they had scheduled and suddenly seemed more interested in her getting better. They arranged for their own doctor to assess her who agreed with the specialists so they backed off. Their doc again, two months ago, again agreed with her specialist and said she shouldn't be in work, but can return once her treatment is complete.

          Would be interesting to see them start over again, shes only getting statutory sick pay but they have canceled her benefits package.
          Advice given is offered as personal opinion only. I always recommend you seek professional legal advice.

          Negative, I am a meat popsicle

          Comment


          • #6
            Re: Private mediacal and sickness

            I'll be interested to see how this plays out please keep us informed.
            Scottish Wildcat Association, conserving Scotland's critically endangered wild felines

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            • #7
              Re: Private mediacal and sickness

              I had a similar experience with my employers.

              After them speaking to my doctors and me seeing their doctors, they now want to send me to another company for rehabilitation back into work.

              I have a rare and rather unheard of neurological condition called Arnold Chiari Malformation (Type 2) and Syringomyelia and its because they're not as well known as something like cancer, they're passed off as 'not serious'. My doctors feel the only way I'll be able to work until I have major surgery is to work from home (the problem being the office environment and not my ability to actually do the job). My employers have stated that they will not accomodate this and I'll probably have to resign.

              Apparently they feel that as they gave me gel wrist pads and a foot rest, they have made 'adaptions'.

              ACAS suggested this lot, they're a way of accessing legal support. I have only spoken to them once so far but found them to be very knowledgeable.

              The Disability Law Service
              Last edited by catch22; 31st August 2010, 16:39:PM. Reason: Hit the wrong key (1 instead of 2)

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              • #8
                Re: Private mediacal and sickness

                Sounds like the same world. She too has ACM type 1. They are also refusing her the ability to work from home due to 'data protection' reasons. Although its just fine for managers to work from home and use company computers and secured VPN from home. ACAS just put her in touch with DLS today.

                Their best offer to get her back to work is a parking space near the door and her desk on the ground floor, even though shes had (as you had), her doctors on it, the work doctors on it and now the works nurses that help people back to work - all of whom say that she needs to work from home until her condition improves (via surgery or otherwise). Ive got her on the books of one of the top neurosurgeons who specializes in the condition so thats a plus point, even if it means we have to travel quite a bit for our consultations.

                The employers want her back in as they want to do a capability hearing but wont do it while she is signed off sick. She wants to work, and can easily do her job from home if they provide a laptop and VPN but is getting the impression from the company they are worried more of the 'minions' may get wind of it and want to work from home for whatever reason. They are 'considering' a chair and desk adjustment but havent agreed to it. They know if she begins working from home they cannot go with a capability hearing any more as they will have nothing to go on, but they also know that per the doctors she cant come back in at this stage.

                they did cancel the medical insurance and wont put it back on, but thankfully the provider has taken her on a personal policy, with corporate underwriting so it covers her pre-existing - though its 85 quid a month!

                Its a shame not many people know about ACM, it can be just as bad as MS. Id be very interested to hear about how things develop for you. Ill report back from our side too
                Last edited by shamen; 31st August 2010, 16:51:PM.
                Advice given is offered as personal opinion only. I always recommend you seek professional legal advice.

                Negative, I am a meat popsicle

                Comment


                • #9
                  Re: Private mediacal and sickness

                  No, a lot of people do not know or understand ACM or any of the related conditions. The problems its caused me from getting a diagnosis, to being seen, to employment problems and getting disability benefits is a no-goer too, yet people can get them for being alcohol or drug dependant.

                  Sorry, I must stop myself launching into rant mode.

                  Comment

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