Regarding stage 3 dismissal

[Quarterpast8]

ve been a postman for 5 years now and was off last year for 7 months due to mental health.
I’ve since been off again a number of times after this being mentally and physically unwell which has triggered a dismissal stage 3.

I come under the disability act, but there’s nothing for me to do within the office as of light duties to meet my needs.
I won’t be returning, and my boss is aware of this.
I’ve had numerous OH appointments for adjustments but there’s nothing there for me to do.
My boss has told me to resign, but that’s not what I want to do as I don’t mind the job. I’ve told him that I would like to be dismissed and in writing that I’m not fit to work mentally and physically.
I was wondering if anyone knows if I would be eligible for any payout. I don’t think I am, but I wanted to check with anyone on here who may know.
I don’t think I would be fit the criteria to be medically retired, because I don’t pay into any pensions.
Would anyone know if there’s anything I could possibly claim in the process due to my circumstances?

[Hitbox]

as i've been at a stage 3 dismissal procedure meeting for sickness previously a few years ago

if your health issues fall under the equality act 2010 as you've mentioned OH have been involved and have they stated it is covered under the Equality act - they cannot sack you due to the health issues as it would class of breach of this and could land in court for dismissal discrimination under the Equality Act 2010.

I take it any type of reasonable adjustments are unavailable as it's their responsiblity by the Health & Safety law to make them adjustments - if they aren't prepared to make them adjustments, i suggest like i have in your other post in the IHR topic- to follow procedure for ill health retirement procedure. Your line manager/COM and Union rep aren't Allowed to mention it or recommend it to you as that also could be seen as breach of employment law- it HAS to come from you. So that way it doesnt look like you was forced to that decision.

you might have a better chance as you have OH assessments previous that were guides for your manager to make adjustments that they aren't prepared to make. plus it shows your history of trying to make it work but to no avail.

If they are being awkward, give Health & Safety a shout on their website through the contact us area ( https://www.hse.gov.uk/index.htm)

that will trigger them to follow correct procedures.

the best of luck to you :)

[twoloops]

Do not resign, if they want you gone, make them pay

[redlen]

You can be so called "Sacked" for a disability related issue, even though it is a protected characteristic if you are unable to be offered an alternative duty with reasonable adjustments and your condition is unlikely to improve. Even ill health retirement is dismissal (Sacking).

There is case law that states with Royal Mail that for an employer with over 140,000 employees not to make reasonable adjustments is simply unbelievable.

There is nothing illegal about a manager or union rep recommending Ill health retirement possibility and severance with pay being a contractual obligation. It is the employee who accepts such a proposal, not the employer, to terminate the employment contract. Reasonable adjustments with a protected characteristic comes under the Equality Act 2010, not Health and Safety at Work Act.

There is no point in contacting the HSE under health and safety with reasonable adjustments. Such issues are now administered by the Local Authority. The HSE only deals in workplace fatalities and limited primary industries, such as airlines, railway and the nuclear industry.

If you feel your manager is treating you unfairly with your condition, then you need to raise it first through the grievance procedure. That will give you a paper trail.

It is disgraceful for your manager telling you to resign as that lets him off the hook with statutory duty from the employer with reasonable adjustments. Not to mention you will be entitled to financial renumeration through the ill health retirement procedure where you yourself accept the termination of contract.

As you say, it is unlikely you will be returning to duties, so you need to ask for a referral to occupational health for consideration for dismissal with Ill Health Retirement compensation.

The Ill health retirement procedure is contractual and has nothing to do with pension contributions. That only applies in exceptional circumstances such as never being able to work again in any employment.

[Barnacle]

Stretches credibility that in this particular office there was no reasonable adjustment that could be made and zero light duties which could be packaged into a full shift?!

[Hitbox]

You can be so called "Sacked" for a disability related issue, even though it is a protected characteristic if you are unable to be offered an alternative duty with reasonable adjustments and your condition is unlikely to improve. Even ill health retirement is dismissal (Sacking).

There is case law that states with Royal Mail that for an employer with over 140,000 employees not to make reasonable adjustments is simply unbelievable.

There is nothing illegal about a manager or union rep recommending Ill health retirement possibility and severance with pay being a contractual obligation. It is the employee who accepts such a proposal, not the employer, to terminate the employment contract. Reasonable adjustments with a protected characteristic comes under the Equality Act 2010, not Health and Safety at Work Act.

There is no point in contacting the HSE under health and safety with reasonable adjustments. Such issues are now administered by the Local Authority. The HSE only deals in workplace fatalities and limited primary industries, such as airlines, railway and the nuclear industry.

If you feel your manager is treating you unfairly with your condition, then you need to raise it first through the grievance procedure. That will give you a paper trail.

It is disgraceful for your manager telling you to resign as that lets him off the hook with statutory duty from the employer with reasonable adjustments. Not to mention you will be entitled to financial renumeration through the ill health retirement procedure where you yourself accept the termination of contract.

As you say, it is unlikely you will be returning to duties, so you need to ask for a referral to occupational health for consideration for dismissal with Ill Health Retirement compensation.

The Ill health retirement procedure is contractual and has nothing to do with pension contributions. That only applies in exceptional circumstances such as never being able to work again in any employment.

So basically these protections in law aren't protected at all by employment law?

Sounds legit....

So what happens when the union rep says these things?

[Hitbox]

Stretches credibility that in this particular office there was no reasonable adjustment that could be made and zero light duties which could be packaged into a full shift?!

If you realistically think about it, there is light duties, it's just managers can't be bothered assigning them.

Light duties could be collecting kill offs throughout the office and killing them off , collecting expired d2ds and putting them on a skip, prep for later starters, helping out at the customer service point or the SD locker or handing out keys/PDAs in transport office, delivery of a loop close by the office within 10 minutes of the office.

There is options, but again RM management don't want that, because that's too efficient.

[redlen]

Unión reps have the best intentions but sadly lacking with the education side. It has been a steady decline since they sold off the CWU training college at Alvescot. People need to realise employment law and organisations such as ACAS are there for the employer, not an employee.