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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44869
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been off work for more than a year now .I had a stroke

Customer Question

I have been off work for more than a year now .I had a stroke which has made a return to work impossible due to left sided weaknes in my arm and leg with other problems due to the stroke as well. My employers insist they can not find me other work suitable for my illness. Can I insist they retire me due to my illness.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Have they suggested terminating your employment?
JACUSTOMER-2t8ujl2z- :

no

Ben Jones :

Hi, sorry I was offline by the time you had replied. Whilst the employer had the legal right to terminate your employment, either by dismissing you on grounds of capability, or retiring you early, they cannot be forced to do so. They make the final decision as to whether your employment is actually terminated or if you remain on their books as an employee. It is entirely possible that you are off work for an indefinite period of time, either receive sick pay or no longer do so as it has run out, and remain n employee of the company because it does not want to terminate your employment. You are of course free to raise this possibility with them and ask them to consider early retirement or a capability dismissal but if they refuse to terminate your employment you would either have to remain employed by them or consider resigning yourself.

Hope this clarifies your position? If you could please let me know that would be great, thank you

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