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Redundancy due to ill health

Customer Question
I have recently been diagnosed...
I have recently been diagnosed with a chronic disease and everyone is agreed I can no longer continue to work for any employer. I have been with my present company for over 20 years. They have historically had good redundancy terms but I am a new problem for them. While they are prepared to enhance my pension they are not helping out financially at all. What rights do I have compared with an employee being made redundant.
Submitted: 6 years ago.Category: UK Employment Law
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Answered in 3 hours by:
4/6/2012
Solicitor: UKSolicitorJA, Solicitor replied 6 years ago
UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Employment Law
Satisfied Customers: 4,312
Experience: solicitor
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Hello,

I am not sure whether redundancy is the right word here as your employer is not dismissing you, it is you having to leave employment on grounds of ill health i.e. early retirement which normally triggers off pension payments and any critical illness benefits if you took out such a policy.

As such, any payment that your employer makes will be gratitious over and above your contractual terms and you are not entitled to redundancy pay as you are not being made redundant.

Hope this clarifies.
UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Employment Law
Satisfied Customers: 4,312
Experience: solicitor
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Customer reply replied 6 years ago
I am now being retired on illhealth groonds, but in the interim I have received my annual pay increase and have received a below average increase ( well below rpi) on the grounds on performance. I can sympathise with my employers view as my ill health has had an adverse affect on my performance, but this will affect my "final salary" pension. Do I have any rights in this area
Solicitor: UKSolicitorJA, Solicitor replied 6 years ago
Hello again,

As far as pay increases are concerned, these would be at the discretion of your employer I am afraid unless your employment contract provides otherwise and gives you a higher pay increase.

Hope this clarifies.
UKSolicitorJA
UKSolicitorJA, Solicitor
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Satisfied Customers: 4,312
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