Ill health retirement dismissal

[codger657]

Does any body know of anybody who has appealed a IHR dismissal and won and got there job back.Also can they dismiss you on IHR if your still off sick with a doctors note.

[osgoody1970]

yep, me about ten years ago, IHR for a bad back, spina bifida oculta and a curverture of the spine, the specialist said best practice was to keep active and I got him to write to them, did,nt want to go against a specalists advice, so I won my appeal, but every case is different, don,t take their word for it, get you doc or specialist to write a letter on your behalf.

[rehabron]

Does any body know of anybody who has appealed a IHR dismissal and won and got there job back.Also can they dismiss you on IHR if your still off sick with a doctors note.

In relation to dismissal while off sick with a doctors note this in the first instance would come under the attendance procedure and dependant on what stage you have triggered in the procedure and your medical condition if OH Support ( Formally known as ATOS) recommended that your medical condition meant that you were no longer able to carry out the duties required by RM. You would then have to be interviewed and the company may decide to offer you IHR based on medical reports in relation to your medical condition but you would have the opportunity to accept their offer or give a good reason why you feel that IHR is not acceptable in this instance and also take to an appeal stage if decision was not in your favour.

[codger657]

Does any body know of anybody who has appealed a IHR dismissal and won and got there job back.Also can they dismiss you on IHR if your still off sick with a doctors note.

In relation to dismissal while off sick with a doctors note this in the first instance would come under the attendance procedure and dependant on what stage you have triggered in the procedure and your medical condition if OH Support ( Formally known as ATOS) recommended that your medical condition meant that you were no longer able to carry out the duties required by RM. You would then have to be interviewed and the company may decide to offer you IHR based on medical reports in relation to your medical condition but you would have the opportunity to accept their offer or give a good reason why you feel that IHR is not acceptable in this instance and also take to an appeal stage if decision was not in your favour.

I'm on no stages I've had no contact from anyone from my office. 2 weeks ago after being off for 5weeks on atos s advice I
had to have a interviw with the dismissal manager from another office and yesterday he told me I was being IHR all because I said to atos I might consider IHR.I'm covered by the equality act but instead of trying to make any reasonable adjustments they are saying there's nothing I could do without even trying me on other duties

[postie222]

Speak to your CWU rep if you are a member. If not a member then maybe they know this and try and push you out. Cwu gets a lot of flack some times but in situations like this they can be very helpful.

[codger657]

Speak to your CWU rep if you are a member. If not a member then maybe they know this and try and push you out. Cwu gets a lot of flack some times but in situations like this they can be very helpful.

Have the area rep involved he's looking in to it over the weekend and contacting me on Monday to see where to take it

[rehabron]

Strange that company has automatically gone direct to IHR when as you state you have no absences recorded. Your post does not mention your age, length od service and degree od disability covered in the Equality Act. Personally I think RM is premature in their assessment of your case based on you mentioning to OH Support that you might consider IHR. If you have been completing your present duty until your recent absence what has changed that made OH Support put the question to you for IHR consideration. You are stating now that IHR is not an option you would consider and an surprised on your attendance record that this was mentioned. You have already mentioned CWU involvement and at present this is the best approach.

[codger657]

Strange that company has automatically gone direct to IHR when as you state you have no absences recorded. Your post does not mention your age, length od service and degree od disability covered in the Equality Act. Personally I think RM is premature in their assessment of your case based on you mentioning to OH Support that you might consider IHR. If you have been completing your present duty until your recent absence what has changed that made OH Support put the question to you for IHR consideration. You are stating now that IHR is not an option you would consider and an surprised on your attendance record that this was mentioned. You have already mentioned CWU involvement and at present this is the best approach.

54 years old with 34years service arthritis in my shoulder since 2012 first absence this year with it. pulling a trolley made it worse but was completing . All they are saying is it's not going to get better but they won't try me on any other duty saying that there is nothing suitable even though they don't really no what I'm capable of doing as I have never been accessed by anyone. Plenty of rural duties in our office I think I could do

[immortaltechnique]

With your good attendance and long service they can never make this stick, they did the same to a guy in our office, he didn't know he had been paid off 'til he saw the money in his bank account! He got his job back and had light duties for a few months whilst recovering
If you want to keep the job get the Union involved, you are being treated appallingly.

Good luck Codger

[codger657]

With your good attendance and long service they can never make this stick, they did the same to a guy in our office, he didn't know he had been paid off 'til he saw the money in his bank account! He got his job back and had light duties for a few months whilst recovering
If you want to keep the job get the Union involved, you are being treated appallingly.

Good luck Codger

Thanks

[rehabron]

Strange that company has automatically gone direct to IHR when as you state you have no absences recorded. Your post does not mention your age, length od service and degree od disability covered in the Equality Act. Personally I think RM is premature in their assessment of your case based on you mentioning to OH Support that you might consider IHR. If you have been completing your present duty until your recent absence what has changed that made OH Support put the question to you for IHR consideration. You are stating now that IHR is not an option you would consider and an surprised on your attendance record that this was mentioned. You have already mentioned CWU involvement and at present this is the best approach.

54 years old with 34years service arthritis in my shoulder since 2012 first absence this year with it. pulling a trolley made it worse but was completing . All they are saying is it's not going to get better but they won't try me on any other duty saying that there is nothing suitable even though they don't really no what I'm capable of doing as I have never been accessed by anyone. Plenty of rural duties in our office I think I could do

your post now gives a clearer picture and on this basis and as you have expressed in your posting you feel confident that you can complete rural duties in your office and you need to make this known to management with the involvement of your CWU rep. Who is saying that your condition is not going to get better OH support or RM or both? RM can make adjustments to your duty while you under the OH support and this is an option for you and RM to assess before IHR becomes an option.
Looking at your age and service record and keeping all options open you might wish to find out what your IHR package would amount to.

[codger657]

Been paid lump sum today now waiting for appeal any body know how long this may take

[gluteus maximus]

I am going to ask this question

Did you accept retirment through ill health when offered?? They cannot force it on you if you refute their offer. The employer will then have to go through capability as to your fitness to do the job role

Retirement through ill health is the easy option for both employer and employee

[codger657]

I am going to ask this question

Did you accept retirment through ill health when offered?? They cannot force it on you if you refute their offer. The employer will then have to go through capability as to your fitness to do the job role

Retirement through ill health is the easy option for both employer and employee

It was forced on me had meeting union rep argued that they didn't try me on any other duty they said that there isn't any thing suitable so we're IHR you. Didn't have the oppurtunity to get any other medical evidence so am going to get an independent occupational health assessment to take to the appeal. Anyone no if the union would help to pay for that

[gluteus maximus]

If it was forced on you then that will be unlawful dismissal if no allternative sources of relocation as to job role were considered. That includes reasonable adjustmants
And i am talking about a paper trail

when is the appeal as this may need to go to an Employment Tribunal