ill health help please

[phil99]

help needed please im 38 years old been a postman for 18 years over the last 2 years ive have 17 operations currently waiting for another op but the specialist says i need another cpl of operations im covered under the dda but find when i go back to work next month im having a stage 3 interview there have been talk of ill health retirement would i get ill health with pension or without not sure what to do next

[mazza111]

Phil when IHR is mentioned it depends if you would be fit to do another job outwith RM or not as to whether you get lump sum, or get pension.

I only got the Lump Sum as ATOS reckoned I'd be fit for other work (arthritis in both knees), but find myself now unemployable as it's now in shoulder too, no one wants to take on someone with these conditions, especially as the job market is so tight at the moment.

Don't get me wrong, I'm in the position where I don't need to work as I have the other half to support me, but god only knows where I'd be without him.

Have you been through ATOS yet? What were their recommendations? Try and get a union rep to look into things with you

[phil99]

only had a 1 telephone call last year of atos

[wayoutman]

if you are wanting IHR i would ask your DOM to refer you to ATOS asap.

basically you will get a years pay give or take a few quid if you are able to work elsewhere.

beware of NCI....

[phil99]

thanks for replies to be honest i dont want to leave take ihr
so can royal mail get rid of me because i got more operations coming up meaning more time of with recovery

[wayoutman]

i would await fishtanks advice on that.

dont ask for the ATOS referal

[pokos27]

you will get a years pay and goodbye, but this may even go and also your bad health as well.
I hope you get better, but it requires lots of rest, i had an achilles condition it takes ages to heal.
it depends on your circumstances, if you are full time a lump sum is easier to get, because it saves the company money.

[mal]

Please see the attached Agreement on IHR and read Para 12 on IHR Benefits.If they try to retire you with just the lump sum ,then you'll only get 34 weeks basic pay ,plus 9 weeks notice and any holiday pay you are owed .

It sounds like you could be covered under both Disability and Equality legislation so they are legally bound to make "reasonable adjustments " to your duty to allow you to continue in work within Royal Mail .They also have to look at other job alternatives within RM.

In regards to the Stage 3 because you may be covered under DDA and Equality legislation they should not dismiss you under the Attendance Procedure but of course that doesn't mean that they won't try to IHR you .( If they have made "reasonable adjustments " to your duty in the past ,by not issuing Stage warnings etc ,then they may try to claim that they have exhausted the Procedure internally).

Make sure that your Rep hits them with their legal responsibilities around making reasonable adjustments and get this minuted at the meeting ? If they haven't then,ultimately , a Tribunal may deem this as unreasonable,particularly if they go ahead and IHR you . Get in touch with your Branch for legal advice around both DDA and Equality legislation.

[phil99]

thanks mal for the info they have held of with stage warnings in the past just feel with more operations coming up and no guarantee of the solving the problem will they say enough is enough because the future ops and because of the time of ill need to recover