Dismissal on medical ineffeincy

[sickofbeingsick]

Hi, new to Legalbeagles today, I am looking for infor on civil service, moj, dismissal,on medical innefiency. Having been on long term sick for over six months, I have hit a trigger and had a warning for my sickness abcense, I have now been called into work for what I fear is to be finished on medical ineffiency, i would like to know the difference between this and medical retirement. I have worked in the same position fo over five years, many thanks.

[stevemLS]

Re: Dismissal on medical ineffeincy

As I understand it, medical inefficiency would be taken to be the same as capability in other organisations. You can be dismissed on those grounds if you have been unable to perform your job for some time.

You should be told though what the purpose of the meeting is that you have been asked to and in particular that dismissal may be the outcome.

The public sector pension schemes are cracking down on ill health retirements, that is the difference, ill health retirement would trigger the payment of your pension, capability dismissal does not.

Your pension scheme will have specific criteria to qualify for ill health retirement.

[sickofbeingsick]

Re: Dismissal on medical ineffeincy

As I understand it, medical inefficiency would be taken to be the same as capability in other organisations. You can be dismissed on those grounds if you have been unable to perform your job for some time.

You should be told though what the purpose of the meeting is that you have been asked to and in particular that dismissal may be the outcome.

The public sector pension schemes are cracking down on ill health retirements, that is the difference, ill health retirement would trigger the payment of your pension, capability dismissal does not.

Your pension scheme will have specific criteria to qualify for ill health retirement.

Hi, thanks for that info, appreciate that. Would it make a difference if occ health have said my illness is now classes a disability as it has lasted longer than twelve months, also I am not registered disabled. I find this whole matter very confusing and conflicting. Do i have any rights here. Many thanks.

[stevemLS]

Re: Dismissal on medical ineffeincy

Hi

If it is a disability within the meaning of the Act (and duration is only one of the criteria, the more important one is the impact on day to day life) that would trigger an obligation to consider whether adjustments could be made to accommodate it.

It wouldn't prevent dismissal on capability grounds.

You really need to get a hold of your Department's policy on it - it will be an absence management policy or similar.

(There is no such thing as "registered disabled" now, local authorities used to maintain registers under the Chronically Sick and Disabled Persons Act 1970 but that requirement was abolished by the DDA 1995 which has itself been repealed by the Equality Act 2010 - I believe a few local authorities still do so on a voluntary basis but registration doesn't confer any benefit)

[Wombats]

Re: Dismissal on medical ineffeincy

Are you in a union? If there is a possibility of either losing your job or retirement on ill health grounds it would be useful. I imagine you will have a PCS rep at work. You should be able to contact them via phone.

PIN40 is the relevant document governing this area. There is a version linked below, though this may well have been updated. Point 2.1 will be of most interest possibly.

http://www.google.co.uk/url?sa=t&rct...I7sl2S9kPYBEEw


Also attached is the union guidance on this area. Section 4 would apply to you.

http://www.civilservice.gov.uk/wp-co..._tcm6-1517.pdf

[sickofbeingsick]

Re: Dismissal on medical ineffeincy

Many thanks for this, i have forwarded to my union rep and asked him to contact acas on my behalf. I am so angry that they can instantly dismiss me after one warning. Ohassist have all the medical facts etc and have labelled me as disabled. My condition is treatable and manageable and i am awaiting treatment but have no control when this will be. I find it ironic that the government want my age group to work until I am 67 before drawing gov pension, but the same gov I work for will not give older people time to get over major illnesses and diseases!!! I dont feel six monthe is an adequate time for poeple like myself that have have two surgeries in eight months and am awaiting final treatment which will allow me to return to work.!!!