Ill Health and PPI

[Green Eyes]

Hi, I am registered Disabled and have worked for my firm for nearly 4 years.

In Feb 2010 I went on long term sick leave and in July of last year my Company stopped paying my wages and put me on the Company Group Payment Protection Scheme, which is in my Contract with work, paying me via the Insurance company 75% of my wages, which I have been on up to now.

My boss had a temp in my position and is now making her permanent in my role. I do not think I will be able to return to work again and my consultants have agreed to this as well.

My question is, Could my Company dismiss me due to "incapability" even though I am on their PPI scheme which states that payment will be made until I reach retirement age and is in my Contract along with Pension and Benefits? Or would this be "In Breach of Contract" and I could claim Unfair Dismissal? Thanks.

[di30]

Re: Ill Health and PPI

Hi and welcome to LB.

So sorry to read of your situation and hope this gets sorted out.
Someone on here will have the right advice to give you I'm sure.

But that does not sound right to me to be honest, I would also try to find out where you stand on the PPI side of it.
Are you in a union?

[Green Eyes]

Re: Ill Health and PPI

Hi, thanks for your reply. No, I'm not in a Union unfortunately. I have been trying to find this out for some time now, and as its been a year now, I think that they could get rid of me.

[di30]

Re: Ill Health and PPI

Hi, thanks for your reply. No, I'm not in a Union unfortunately. I have been trying to find this out for some time now, and as its been a year now, I think that they could get rid of me.

I see.
Well hopefully someone will be along soon with some info/advice for you, but meanwhile I wonder if you ring ACAS who are also a free service that deal with these issues should know your rights on this one, maybe you could give them a quick call and see what they say as well.

http://www.acas.org.uk/index.aspx?articleid=1410

[di30]

Re: Ill Health and PPI

If you have already been in contact with ACAS prior to me posting their contact details, what did they say if you don't mind me asking, but otherwise if you do contact them please could you let us know? thank you.

[Green Eyes]

Re: Ill Health and PPI

Hi, Ive just spoken to ACAS and she said that they can dismiss me on "capability" grounds if I am not able to return to work in a normal capacity and if my consultants agreed that I wasnt fit for work any more etc, but if I did decide to return to work and the temp was in my role, then I could claim from them Unfair dismissal. It was all a bit Ifs and buts and until it happens, then there is nothing I can do.

[di30]

Re: Ill Health and PPI

Hi, Ive just spoken to ACAS and she said that they can dismiss me on "capability" grounds if I am not able to return to work in a normal capacity and if my consultants agreed that I wasnt fit for work any more etc, but if I did decide to return to work and the temp was in my role, then I could claim from them Unfair dismissal. It was all a bit Ifs and buts and until it happens, then there is nothing I can do.

Hiya

Thanks for your update on this.

Would the company see you alright though do you think? such as a lump sum perhaps?

[Green Eyes]

Re: Ill Health and PPI

I really dont know and cant answer that Im afraid.