Any employment law specialists
 

Quick question.

If you become incapable of doing your job as a result of ill health from which you will never recover. Have you a right to be re-deployed on same salary. Can your employer dismiss you. Or under that situation would you be able to take your occupational pension credited.

This relates to my wife who has work for the NHS for 10 years and has developed PBC to the point where it is affecting her ability to work normally. Not her ability to work. It would be a matter of matching jobs to capability.

Re: Any employment law specialists
 

You have a PM.

Re: Any employment law specialists
 

Tim,
Your wifes employer has a "duty" to assist her in finding work elsewhere within the organistaion that is more suited to her needs/capabilities it's called the Disability Discrimination Act.

The days of just saying "right all you sick/lame/lazy etc get lost" are long gone. Also with regards salary , depending on circumstances (each case is taken on its own merits), she can either keep her old salary regardless of whether she goes up or down a grade (but these cases are few and far between), but normally once the employer has found and offered suitable work with hours to go with it the employee is expected to re-contract to the new grade. The employers obligation is to try and find this new work and make an offer, however sometimes the compnay just has no suitable work, depending on what industry they are in.

Is she in a union ???????, her local shop steward would point her in the right direction initially.

Re: Any employment law specialists
 

Under the NHS pension scheme she would need to be permanently unfit to do her job to qualify for early retirement on health grounds.The threshold to get this is quite high,so take some advice from an expert before going down this route.My understanding of the other part is that while the employer should consider redeployment and try to find something suitable there is no actual right to a result,and incapability to do your job can well be grounds for dismissal.Again take some specialist advice before deciding on a course of action.
A great deal also depends on the attitude of the local employer.The NHS is no longer a national employer,with local management varying between the benign and helpful to extremely nasty and vindictive.

Re: Any employment law specialists
 

Right on. more info and advice at drc.gov.uk

Re: Any employment law specialists
 

Unfortunately she will never recover her mobility or health. but on good days you would never know she was having problems. On the days when she is suffering you hear loud cracking sounds from her joints and screams of pain. Her occupational health doctor is recommending redeployment. But it is going to be a problem to find a job that she will be capable of performing. We are now in the process of establishing who her local union rep is. (Thank god she joined one all those years ago). She is only 46. when your brain is still functioning you don't want to be thrown on the scrap heap.

Re: Any employment law specialists
 

cant give advice Tim but can send best wishes mate- your wife is a lovely lady I recall from a drunken evening in hellifield.