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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46784
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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hello.this is quite long so I hope you have the time.this is

Resolved Question:

hello.this is quite long so I hope you have the time.this is on behalf of my brother .he is 60 years old and has been with his employer for 14 years.it is a contract within dwp.he has a long term health condition which they have known about since he began.it has got worse and he can no longer tolerate working with pain.he has been on sick since july 2013.they have sent him for various medical assesments and they are in his favour that he is not fit to work and would unlikely return.he does not want to return because of the pain he suffers.they seem to be forcing him to take early retirement due to ill health and saying he has to request it before he is told how much he would get.if he requests it,is he finishing himself and would that effect any benefits?.if early retirement is not beneficial then where does he stand? he has to have money to live on.they said he had 3 options--the above,resign,or come back to work.would it not be better for them to just terminate his employment due to ill health.i cant see him getting much money for 14 years on early retirement.where does he stand with all this.should he let himself go? which is the best way forward? many thanks.regards.susan,his sister
Submitted: 3 years ago.
Category: 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.


There are a few options available to him and they are more or less the same as the employer has explained, although there is one addition one too, which is the one you proposed:



  • He can try and return to work, whether in the same way he was working before, or with a different jobs with adjustments, less hours, lighter duties and so on – depends on what is available and if he can cope with it

  • He can resign

  • He can be dismissed on grounds of capability

  • He can be offered early retirement


 


The advantage over early retirement is that he could be entitled to his pension early rather than having to wait until the normal pensionable age as stated in his pension policy. Also if the employer runs an early retirement benefits scheme he would be entitled to receive something through that, although not all employers have such policies in place.


 


What is best for him would really depend on his personal circumstances, there is no one option that is automatically better than another and it would vary from case to case. If he is not retired and dismissed he could try and claim jobseekers allowance but that would depend on whether he is capable of looking for a job and trying to find work elsewhere. If it is likely that he will not be able to work again, whatever the employment he is in, then there is not much point in pushing for a capability dismissal as he would not really be able to claim any benefits that a normal jobseeker would get. In that case, considering his age and future working prospects, early retirement may be the best option.

Customer:

hello ben.thank you for that.you are saying that he "could " be entitled to his pension early.how does he find that out? and if he was only to get what is run through the company scheme,where does he stand if it is not enough to live on?

Ben Jones :

this would depend on his pension policy so he needs to contact the provider to find out his rights on drawing his pension early in the event of early retirement. If what he gets is not enough to live on then he would only be able to rely on the Government benefits, depending on his circumstances, for example he can get a basic idea of what he may get here:

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

Customer:

just abit worried that if he took it,he is himself requesting to leave and that may well be bad for him if he had to live on state benefits as they may refuse because he chose to leave.or am I going completely off track?! at the end of the day,considering his age and looks like he wont work again because of his complaint,early retirement due to ill health is his best option

Ben Jones :

this is only really relevant if he resigned without any good cause, so for example someone able to work resign because they simply do not like their job, then if they were applying for benefits they could have these delayed because they had made themselves go out of work. However, where someone is no longer capable of working and is looking for a solution to end their employment, such as retirement, then that is completely different and he is not just voluntarily putting himself out of work, it is inevitable

Customer:

many thanks ben.i will pass all this on to my brother.

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



www.justanswer.com/law/expert-ben-jones/

Customer:

ben it is not letting me leave a rating as it is saying you have not finished answering

Ben Jones :

Sorry it is a technical bug, you can just type your rating here instead, thanks

Customer:

excellent service

Ben Jones :

many thanks, noted

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46784
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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