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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47377
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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dear ben jones hello ben.do you still have my details from

Resolved Question:

dear ben jones
hello ben.do you still have my details from our correspondence on 1st april regarding my brother? if so can I chat again.thanks susan barrett
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. I will fetch it and get back to you later
Ben Jones :

Hi, thanks for your patience, how can I help further with this?

Customer:

good morning

Customer:

thanks for getting back to me.he sent the retirement request in but has just been told that it has been turned down due to not enough evidence!! they have had medical reports, assessment reports,xrays,what more do they require,he has been off for 10 months.should he appeal? if that does not work,what should he do next? should he wait for them to let him go or should he finish himself? many thanks

Ben Jones :

Hello, whilst he has done more or less all he can to try and push for early retirement, the final decision does unfortunately rest with the employer. If there is an option to appeal their decision then he may certainly do that as there is no harm in making an appeal, the worst that would happen is the original decision stands.


 


In terms of what to do next, then it really depends on what he would like to get out of this. He can resign or wait to be dismissed but which one he goes for would be relevant depending on what he wishes to do next. I would say it is best to wait and be dismissed because then he can consider an unfair dismissal claim if necessary and in those the employer has to justify that the dismissal was fair. Had he resigned and claimed constructive dismissal, it would have been for him to justify that there was a serious enough reason to make him leave, so if he is dismissed the bulk of the justification would be done by the employer. Also it is likely that claiming benefits would be easier because he can show he was dismissed and he had no choice in the matter, whereas if he had resigned then he would have had to justify his reasons to show that it was not just a matter of no longer willing to work and that there was a genuine reason for putting himself out of a job.

Customer:

well he will not be returning to work and not working ever again because of the pain he suffers and it is a condition that will not improve.so if he finishes himself rather than wait for them to do it(because all of this is causing a lot of stress)then will he have just cause and be able to claim benefits? he has all the back up proof he needs.he will try to appael first though.

Ben Jones :

there shouldn't be an issue with claiming benefits, it just means there may be a delay whilst they try and work out why he has left work and put himself out of a job. But eventually it should not be an issue to claim benefits because clearly there was a good reason for him to leave

Customer:

last of all,which benefit would he be claiming for if he cant work?

Ben Jones :

unlikely to be jobseekers allowance as he won't be looking for a job any more, but he can try this link to see what he could be entitled to, there are various benefits that suit different circumstances:

https://www.gov.uk/benefits-adviser

Customer:

many thanks for your help.best regards

Ben Jones :

you are welcome, all the best

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