Am I going to lose my job ?

[JobWorryHelp]

I don't want to give too many details but I've been off work for 10 months due to injury, I'm now on half pay and worried sick about what's going to happen.

What happens financially if I'm deemed unfit to do my job any more ? Will I get my pension ? I don't think I'd qualify for disability allowance as I can function ok .

I'm due an insurance pay out but that won't be for at least another 3 years.

Are you getting occupational health support through your employer in terms of trying to get you back to work? Have they looked at adjustments/redeployment?

Ultimately if your employer is advised by OH or another medical professional that you are unlikely to be fit to return to your job, and there are no adjustments that can be made and they don't have another suitable job you could be redeployed to, you are likely to lose your job, yes, probably through a capability dismissal. They are not obliged to keep you employed indefinitely if realistically you are not going to be able to return to work.

Some pension schemes offer a medical retirement option, subject to various conditions, so you could look into that if you're in the right age range.

Other than that, in terms of finances, if you aren't fit for the job you were previously doing you need to look for a different job that you are fit to do, and/or look into whether you'd be entitled to any benefits while you are looking. Have you had any thoughts about what other jobs you could do?

I work for the NHS in a clinical role, my boss has found me a desk job which I was really grateful for, unfortunately sitting at the desk exacerbated my injuries. I have self referred to occy health , my manager should have referred me but didn't , in fact they haven't contacted me at all since my accident. My immediate manager has been really helpful in getting me to see consultants quickly.

I have been told by my solicitor to not change jobs as it will affect my claim, which should be quite substantial.

Have you spoken with Occ Health about possible amended duties?

It was OH who wrote to my manager regarding finding me a new desk job , which she did. I saw OH yesterday and they said there's no way of adapting my new job any more - which I agree with.

I imagine the claim you refer to will pay out dependent on your actual financial losses. I would also expect the insurers to require you to mitigate those losses, i.e not just sit there waiting for it, but to make reasonable attempts to find other employment.

Obviously that would not extend to actively leaving your current employment before being dismissed for capability, but you'll need a plan for after that about what you're going to do.

The claim is for injuries , emotional distress , damage to property and loss of earnings . I am pretty certain the claim will be substantial but it's how I manage in the mean time.

I've been signed off for another month so I just hope I'm fit to return after that.

I don't know how it works if you are retired due to 'ill health'.

As I say, as and when you are dismissed for capability, you'll need to seek alternative employment, and claim any benefits you might be entitled to in the meantime.

You're obviously benefiting from a generous sick pay scheme if you've been off 10 months and still getting half pay, but once possible adjustment/redeployment options have been exhausted, I would expect a dismissal to be forthcoming.

If retirement due to ill health is a possibility due to your age, the process and conditions for that ought to be set out in your pension scheme details.

Thankyou for the info, it's been the most awful time . I'm 53 this year and have worked all my life , I hate that it's come to this through no fault of my own.

Given you won't qualify for your state pension for about 14/15 years, do you think you will be incapable of any type of paid work for the rest of your life? What do your consultants think?

The thing is when I was first assessed by OH they said I wouldn't be able to do my clinical job , I have recovered sufficiently to do it now but I don't know if they will agree. I can now function normally , I just found sitting at a desk made a neck injury worse.
I feel sick with worry about what's going to happen .

If you can function normally, why have you been signed off for another month? Did your doctor think about issuing a fit note for reduced hours etc. to phase you back and see how you manage? Also, perhaps your employer is concerned if you return to work for a short period and then start a new claim for sickness because you can't manage they will have to restart the 6 months on full pay / 6 months on half pay all over again.

The OH doctor saw that I am still in a lot of pain with my neck. I can function but some things are painful . I said I would be fine to go back to work but he said he would be compromising his position if he signed me as fit to work.

I just want to return to normal life again and I don't agree with his decision.

I can understand their concerns regarding starting and stopping work. I would be willing to stay on half pay and go back on phased return to see how I get on.

I suppose you can understand his decision as he knows you are claiming compensation for the accident and perhaps is concerned that the lawyers will try to say some of the damage is due to occupational matters, e.g. lifting (not sure what you do). Also, I am sure he genuinely does not want to compromise your health. As Flowery said, look into your workplace's guidelines for people not fit to return to work, medical retirement etc. to help with informed negotiations. If you are a member of a trade union or professional body, I would also seek their advice (now, don't wait until a decision is made to terminate your employment).

Good luck, hope things work out for you.

Thankyou , I am in a union , I'll contact them. I can't believe everything has gone so horribly wrong and through no fault of mine .