My husband has worked for the local hospital authority for 30yrs.For the last 6months he has been off sick on full pay, he is 56 and the occupational docter supported is application for early retirement.When is boss knew that the forms had gone into the pension people he called John for a meeting.There and then he offered J to finish that week 5thAugust on 3 months pay, holiday pay and full pension package.J agreed, personnel were there also,and my husband felt better than he had for months.
Today he received a letter from the pension office saying his request for retirement was refused. As he is receiving treatment for stress and depression they say he can get better and must work until he is 60.Now as far as his boss is concerned J has left the hospital.Is he still employed, surely personnel should have found out these things.He is so stressed and upset he has gone to bed. Can someone advise please.
2006-08-08 07:40:49 · 5 answers · asked by dancingcar 3 in Business & Finance ➔ Careers & Employment
Since the Pension Department have refused his request to retire then yes your husband is still an employee. Since he has been absent from his employment for the past 6 months, I presume the Statutory Sick Pay element of his pay has now expired. In which case he now needs a Med 4 Certificate from his GP (stating that he is unwell and therefore unable to work) and armed with this certificate he (or you) need to make contact with your local Jobcentreplus office and make a claim for Incapacity Benefit. Do NOT give the Jobcentre office the Med 4 certificate unless you have a photo copy of it first (they will want the original document not a photo-copy)
Good luck - if you want more definitive advice - email me (geoff.chaplin@btinternet.co)
2006-08-08 07:52:15 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Most retirements on the grounds of ill health have to be on the basis of the employee being permanently incapable of carrying out the duties of their post. In the case of stress it is not possible to declare that someone will be permanently incapable as there is the chance of a full recovery over time.
The fact that a doctor supported his retirement is irrelevant as it will be the pensions own medical expert that will have the final say. His boss should have been aware as should personnel of where the ultimate decision lay and it was bad practise to give John such a promise. Unfortunately, there is likely to be little that can be done from a legal point as the rules are the rules of the pension scheme and not the employer in this case the hospital so the final decision remains with the pension scheme. There is more chance of taking a successful grievance against his manager although this will not bring financial benefit and indeed could cause him more stress.
2006-08-08 08:03:45 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Surely your husband has opted for a private pension offered by his employer and assuming he has the details in writing it should be seen as a legally binding agreement , depending on what sort of boss he had (a good one by the sounds of it) he might honour the agreement regardless , if not i would get legal advice . don't despair until you have reason to . Good Luck
2006-08-08 07:50:38 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Speak to union (if applicable). Citizen's Advice.
Pro Bono legal advice if available in your area.
Good luck.
2006-08-08 07:50:49 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Get a lawyer FAST- and don't sign anything more without talking to him.
2006-08-08 07:46:58 · answer #5 · answered by Hermit 4 · 0⤊ 0⤋