Ill Health Retirement - Help please

[christel]

Hi
I'm not really sure where to post this, so apologies if it's in the wrong place! My husband is being dismissed/retired from his job due to ill health. We are ok about it because he is not fit enough to return (heart failure as a result of chemotherapy).

His employer (Asda) has indicated that it is better for him if they dismiss him rather than retire him but he has two small pensions that we can access if he retires on ill health. Does this mean that it would be better for him to retire rather than be dismissed, or is there no difference?

As he is in a part time job we will actually be better off with the pension money than if he was in work. Our doctor has agreed to complete the forms for the pension, but I'm a little worried that they will be void if he is dismissed and not retired. Sorry if I'm not explaining this very well, hope it makes sense!:tinysmile_hmm_t2:

[Eloise01]

Re: Ill Health Retirement - Help please

I am struggling to even reach for an argument as to why Asda would say such a stupid thing other than, possibly, they have relocated their entire HR department to their USA headquarters and haven't noticed that the law in England does not support the unbridled power of employers. Given the number of tribunals they have lost since Walmart took over, you'd think it would sink in....

I can see no reason at all why it would be better for them or him. So I suggest he asks in writing why they think it would be.

[christel]

Re: Ill Health Retirement - Help please

Thanks for your reply, I thought it was a bit of an odd thing for them to say but then they haven't exactly bent over backwards to help him when he first became sick! The Occ Health Nurse actually told him it was better for him to be sacked, and when we met with them to discuss her recommendation, they told us that they are going down the capability road. We are not seeing them for the final meeting for another two weeks, so I'm thinking of asking them to word the letter "terminating his employment" rather than saying he has been sacked. Not sure if they will do that though

[Eloise01]

Re: Ill Health Retirement - Help please

There is no disbenefit in being dismissed on capability grounds due to illness. But I still do not understand Asda's reasoning, and think you should ask why it is better for him. You should be also checking the pension rules - being dismissed due to illness is not precisely the same thing as retiring on medical grounds. It may not matter - but it also might. Some pension schemes operate on the basis that you can only draw the pension if you are capable of no work, not if you are not capable of your current work.

[enquirer]

Re: Ill Health Retirement - Help please

His employer has indicated that it is better for him if they dismiss him rather than retire him [...] he has two small pensions that we can access if he retires on ill health.

Are either of the pensions connected to Asda?

[christel]

Re: Ill Health Retirement - Help please

Thanks Eloise01, I will write to them I think and hand it in personally next week as we are running out of time.

Hi Enquirer, neither of the pensions are connected to Asda; one is an old Barclays one which is called Reassure, and the other is an Army pension. Neither are for significant amounts, but they will make a massive difference to us.

Also, not sure if it makes any difference, but Asda referred him to Remploy and they have said they cannot recommend him for any type of work at the moment. But, he has been assessed by the Disabled Employment Advisor with Jobcentre plus and he is on a Work choice support contract which deems him with a disability. Any advice as to where we go from here would be really appreciated

[Eloise01]

Re: Ill Health Retirement - Help please

I think you really do have to get hold of the conditions of the pension - they are the crucial documents. Not being capable for any type of work at the moment is not quite the same thing as being incapable of work ever.

I would suggest that you might usefully switch your current enquiry about unemployment and disability to the benefits board - there may be people there who may not see this here, and they might help on those aspects.