Anne

I would think that basically they have decided that they can no longer employ you because of your inability to carry out your job. Although they use the word "disciplinary" it does not mean you are in trouble. It is a standard employment law term and they have to follow a strict route of how they approach you about possibly terminating your employment. At your meeting with your Line Manager they will most probably want to determine if there is any likelyhood of you ever returning to work. If I were you, I would say that you are quite happy to be assessed by an independent Occupational Health Doctor and also give permission for your medical records to be accessed. Whatever happens you have three choices:-

1. You can Resign - do not do this. It will affect what you may be entitled to from the company currently employing you and also any future benefits.

2. Ask for medical retirement - if you do not think you will ever be capable of going back to work then you could ask your company to consider you for medical retirement if you have paid into a pension fund. This is not an easy route and you would need backing by your Rheumatology team and GP etc. It is well worth considering though and the best financial option of the three.

3. Let your employer terminate your employment. This will not affect your future benefit claims. They may offer a compensation package on terminating your employment and you need to have a written statement of what this might be.

In the letter you received, if they have followed the rules, they should have said you can take a representative with you or be represented by someone else. I would strongly suggest that you take someone with you. Also ask for everything that has been discussed to be confirmed in writing. Keep notes yourself of whatever is said at the meeting. Taking someone with you will act as a witness and help you pick up the points that you missed.

Above all don't let them bully you. Take your time in discussing with them what the options are and fully digest what they are telling you. Don't make hasty decisions and go away and think about what they have said.

I went through this four years ago with my Husband. He had been off sick for over two years and they wanted to dismiss him on incapability grounds due to ill health. I fought this for him and eventually I managed to get him medical retirement. Lots of letters and evidence were produced over a twelve month period. Many meetings were attended but he managed to get a lump sum pay out which paid off our mortgage and also a good pension. He is 56 years old and unfortunately will never be able to work again due to his health but it was worth the fight.

Unfortunately all of the above can be a stressful process and it depends if your health can cope with this.

Let us know how you get on.

Take care

Jackie
x

Anne,

I think Jackie has covered all the issues very thoroughly .
It is also good to remember that even though there is the Equality Act to use when you have illness and disability issues , that in certain cases it is REASONABLE for an employer to dismiss someone due to ill health.
The test is normally whether it is reasonable for one employer to take such action.

Any Disciplinary process should be done according to ACAS guidelines, otherwise the company can be taken to an Employment Tribunal.

Definitley get face to face advice , and if you are not legally aidable then check your House insurance to see if you have legal cover on the policy , as this can normally be used.
Medical retirement is an option only open to a few so have a look into whether that is an option.

As Jackie states ... do not resign .
The letter should have said you can have a work colleague or a Union rep with you . If you would like any one else to go with you then it is up to the company.
The reason i say to get advice is that the company could make an offer that would be legally binding .There might be an option of medical retirement but that would depend on a company pension and any clauses therein.

There used to be an Employment guy on here , so try giving the NRAS helpline a ring .

Also give ACAS a ring as they may be able to give you some advice.

All the best


Rich :)

From what you've said I'm not sure whether you paid into a pension with this job, but if you did then medical ill health retirement would mean that you get payments straight away and these might be topped up by a considerable amount from the time you went off sick if your ill health means that it's unlikely you'll work again.
You're in a very complex situation. I assume you're not in a trade union so I would advise taking your time and getting all the professional advice that you can. Sorry I couldn't be of any real help. Good luck.