Ill-health Retirement - Advice Needed

[Jayde38]

Hi All

I have been working for the Civil Service for 20 years. However, I suffer from a learning disability and this has made things hard. Just lately there have been a lot of changes at work which I have found it hard to keep up with. This has gone on for over a year. I had a medical referral when the changes started happening at which they recommended I be moved to a more "routine" post. My employers claimed that no such post existed (although I have subsequently found out that they had filled some suitable posts) and have put on a performance review instead giving me 2 months to "improve" or face dismissal. Since then my health has deteriorated further and I am now suffering from stress and depression.

However, my employer has now suggested that I apply for ill-healt retirement. My question is, would I have a good case for Constructive Dismissal or Disability Discrimination? I do not want to apply for Medical retirement at 43 years old but is it my best option?

Thanks

[bluebottle]

Re: Ill-health Retirement - Advice Needed

Hi Jayde and welcome to Legal Beagles.

A few questions -

1. Which government department or agency are you with, please?
2. Were you sent for a medical referral because you were ill?
3. Are employed directly by the Civil Service or through an agency?

The answers to these questions should help us to provide you with advice.

[SpringerSpaniel]

Re: Ill-health Retirement - Advice Needed

You might do better financially to accept the ill-health retirement than to claim constructive dismissal. You need to check the terms and conditions carefully, eg would you qualify for your pension, would you be allowed to work for a different organisation, maybe part time, in the future, whilst having the security of the pension ?

It depends how likely you think you are to get alternative employment if you left. Constructive dismissal can be hard to prove, and you may only get a modest redundancy package from it.

There would be a balance to be struck between your right to have your employer make reasonable adjustments due to your disability, and the employer's possible case that the job has changed and you are no longer capable of carrying out the duties. Incapability is a potentially fair reason for dismissal.

You should try to get expert advice, either from a trade union or independent legal advice such as from a law centre before making this decision.

You may also be able to get support and advice from the Civil Service Benevolent Fund.

[Jayde38]

Re: Ill-health Retirement - Advice Needed

Hi Bluebottle

Thanks. I currently work for the Ministry of Justice. I have been sent for numerous medical referrals relating to my disability but none in respect of my recent issues. I am employed directly on a permanent contract.

Jayde

[bluebottle]

Re: Ill-health Retirement - Advice Needed

Hi Bluebottle

Thanks. I currently work for the Ministry of Justice. I have been sent for numerous medical referrals relating to my disability but none in respect of my recent issues. I am employed directly on a permanent contract.

Jayde

Hi Jayde,

I have just read Springer Spaniel's post. I would make enquiries about the Ill-Health Retirement and establish if it is Enforced Ill-Health Retirement. Strictly speaking, the Ministry of Justice should make an effort to see if there are any suitable vacancies with other government departments before resorting to Ill-Health Retirement.

However, do heed Springer Spaniel's advice and seek advice from a trade union or law centre.