Work sickness and over 12 months

[Terry5050]

If you have been working for the council for 25 yrs , age 54 and have been sick. EG you have fits caused by stress that means you cannot work. You have gone onto half pay, now after 12 months no pay. The council will not make you redundent, the council will not give you an ill health pension. So no pay but you get SSP. How can you force the council to do something. They say you will one day get better. But today no pay, tomorrow no pay etc. What is the law. Any acts and sections I can look up for my friend. Thanks

[Buenchico]

You'll probably be wasting your time if you seek to get any further money out of the council. The local authorities' sick pay scheme is one of the most generous in the UK, but it's not a bottomless pit. The council has complied with its duties in respect of sick pay. It would be acting illegally, by wasting public money, if it made someone redundant when their post still exists.

It might be worth checking on the rules relating to early retirement on the grounds of ill health. You might be able to find that information (or relevant contact details) from here:
http://www.lgps.org.u...page.do?pageId=100342

Otherwise you should be checking on the details of such benefits as ESA, Council Tax Benefit and Housing Benefit/LHA:
http://www.direct.gov...Support/esa/DG_171896

http://www.direct.gov...ow_income/DG_10018923

http://www.direct.gov...ow_income/DG_10018926

http://www.direct.gov...ow_income/DG_10018928

Those links could become particularly important as I would e

[Buenchico]

. . . expect, unless there were signs that the employee could return to work soon, that the council would shortly be seeking to dismiss the employee on the (lawful) ground that they're no longer fit for employment.

Chris

(I hate it when AB cuts off the end of a post without warning!)

[factor-fiction]

Yes, the scheme you have benefited from seems very generous. The best i have experienced in the private sector is six months full pay. If anyone wants better provison after 12 months then they should consider taking out some sort of sckness insurance. I'm not sure why you feel the employer (the taxpayer) should continue to pay you if you are unable to contribute to the organisation. I am surprised they haven't tried to terminate the contract or seek alternative work of a less stressful nature. Whilst I'm sorry for your health issues maybe the time has come to look for a job that you may be able to cope with in terms of stress.
You can't be made redundant if the job role still exists- it is jobs that are redundant.
Was the stress brought on by your employer? If you consider the employer was at fault then seek legal advice.

[wolf63]

Have you actually applied for early retirement on health grounds?

I was a civil servant and during my final period of sick leave it was agreed that I would be considered for early retirement on health grounds. I was only 40 and had just over 24 years service. I was awarded a lump sum and a monthly pension.

Your union can advise you.

[factor-fiction]

Hi wolf63, regarging your early retirement on health grounds suggestion, my reading of Terry5050's post is that the council have said they won't give him an ill health pension because they say one day he may get better.

Terry- are you not eligible to start drawing your pension- certainly by age 55 you can draw it. It may not be enough to support a family but it may help.

[wolf63]

Good point factor.

Still consider talking to your union rep and maybe you can work out your options.

The advice given to you by factor and Chris is good. The CAB a good place to ask also.

Best of luck.

[ladyalex]

It is unlikely that you will be able to be 'medically retired' unless you can convince your employer that you are unfit for ANY job.....not just your previous job or any other job your employer might be able to offer you.