Work and being medically retired? Help.

Hi guys,

I really hope someone can offer me some advice or tell me their story of what they did. Anyway, as long as you are sitting comfortably, I will begin.

I was diagnosed with RRMS in 2010, which has now (the neurologist thinks(still waiting on MRI results)) developed into secondary progressive. Last year, I started a new job as a temporary data entry clerk (simply deleting, updating and verifying data in the system), which suited me as it was my first foray into office work. After a couple of months, I had sufficiently impressed them enough, that when I applied for a permanent job in another department, I was successful. Fast forward to this year, and it seems that the job now is becoming a bit too mentally difficult for me. So, my manager decided for me to see an occupational health doctor, who wrote his report and it came to me and my company.

He said…“if management are able to identify work such as data entry, or a role that is similar, Mr C could move into this work where he would struggle less and be more reliable. It is also recommended that Mr C work alternate days only on maybe Monday, Wednesday and Friday’s which would allow him to rest and obtain a better quality of life”.

And finally in the future plans section he has written “if the business are not able to adjust Mr C’s work then they may need to discuss alternative employment options with him.”

That was on 26/06, and what has happened at work with my manager is…not a lot, nothing really. I suggested that maybe I could reduce my hours so that I have Wednesday’s off so that I would only ever be two days away from a break but that was a non starter. What he’s/we’ve done is apply for internal jobs that seem better and more manageable to me, I have applied for a couple,but nothing has come of them and they might land me in the same place I am in now. Today, he said (I’m paraphrasing, I can’t remember his actual words) that he was out of ideas and that it would have to be escalated to a senior HR partner and that it might come down to me being medically retired/incapable due to medical grounds.

Now, what the flip do I do, or who do I need to speak to?

I’m really quite lost and sort of feel that to them it would be easier to try and get me out the door.

i hope that made sense, it took me quite a while to type it. If anyone has any questions, please ask.

Thank you,

Simon aged 30 and 4 months

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Your post is well written easy to understand and not a spelling or punctuation mistake in sight!

Are you sure you’re finding your present job ‘mentally difficult?’

Your employer has a duty to make reasonable adjustments and I hope someone on here will clarify your position.

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Thank you krakowain, I pride myself on my writing prowess…cough

I don’t find the job mentally difficult, no. Well sort of, maybe. The way I explain it is, I know how to do A and I know how to do B, but it’s the steps and paths between them that change every time that I struggle with.

have you got an occupational pension?

ask for an illustration which will show how much you will get if you end up going down the medical retirement route.

but first make sure that your employer has made reasonable adjustments.

good luck

carole x

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Hi Carole, No, I don’t have an occupational pension. I get the feeling that I might be the first person to have experienced this in this company. I do however have a pension in my last job that was quite lucrative. Will that be of any benefit to me? But I only had 6 years service.

hi again simon

as i said, ask for an illustration from your pension company.

have you applied for PIP?

if you have critical illness cover on a mortgage, now is the time to claim.

you should still be able to work.

good luck

carole x

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Phone HR?

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I would suggest consulting a solicitor who specialises in employment law and can advise you on your options and your entitlements and your employer’s obligations. For instance, if your employer has declined to follow the advice on potential ‘reasonable adjustments’ that have been put forward by the occupational health doctor commissioned by them, then that is useful information and a potential card in your favour if/when it finally comes to negotiating an exit package (if, of course, you have not in the meantime persuaded them to do the right thing and try it!)

Also, do check your contract of employment (if you have not already done so) to see what (if anything) it says about the terms upon which they could terminate your contract on the grounds of incapacity/ill-health. If there’s nothing, then that would be a negotiation to start from scratch and that is where a professional advisor on your side can be a really huge help.

I’m wondering why you don’t have an occupational pension entitlement with your current employer - is it because they are very small, or you have not yet completed the qualifying period to join the scheme provided by them, or what?

Above all, don’t leave. At the very least, they’ll have to pay you money to go away and that is where you need legal advice to secure a sensible severance package (if all else fails and it comes to that).

Alison

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