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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49816
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was absent from work due to ill health for about twenty two

Customer Question

I was absent from work due to ill health for about twenty two months. Due to resume work (amended duties as per GP) on the 9th of July. Invited to discuss suitable job options this week, and was told my appointment has been terminated on the grounds of ill health. I've been given five working days to appeal.

I'm I entitled to any benefit? If so how do I go about it?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

Do you mean you were invited in by the DWP?
Customer: replied 4 years ago.

I was invited by the company I work for.

Expert:  Jo C. replied 4 years ago.

Is your question about your emolument situation or benefits?

I can help with benefits but I will have to pass you onto somebody else if you need employment information
Customer: replied 4 years ago.

My question is: what am I entitled to at my work place, now that I've been terminated due to ill health?

Expert:  Ben Jones replied 4 years ago.
Hello, my colleague has asked me to assist with your query as it is more my area of law. How long did you work there for and what was your contractual notice period?
Customer: replied 4 years ago.

I worked there for almost eighteen years, and my notice period is three months.Pain on both knees, had surgery on the one with the more severe pain as adviced by the surgeon.

Expert:  Ben Jones replied 4 years ago.
If you are dismissed because of ill health then that is a potentially fair reason for dismissal as it would fall under the 'capability' grounds which an employer can use to dismiss. In that case you would not be entitled to any benefits apart from your contractual notice period and any accrued holidays. There is no redundancy, severance pay or other extra payments that are payable upon such terminations.

You may get some benefits from the Government but these would depend on your personal circumstances and are not linked to your employment. You may be able to get an idea of what you could get in that respect here:

if you believe that the reason for dismissing you was unfair then you can consider making a claim in the employment tribunal for unfair dismissal and/or disability discrimination.

I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you