Employment and Support Allowance (ESA)
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Incapacity

SethLaaSethLaa Member Posts: 115 Courageous
My employer has finally released me of my services on the grounds of 'incapacity'. Am I correct in thinking that 'incapacity' is a loose word for Medical Retirement, apologies for being a little slow out of the starting blocks. Russell

Replies

  • MarkmywordsMarkmywords Member Posts: 406 Pioneering
    What are the "incapacity" grounds they have specified? Are you ill or disabled?

    "Medical Retirement" would be if a private pension trust gave you a pension early. The DWP would not do that.

    Did they follow a clear process?
  • SethLaaSethLaa Member Posts: 115 Courageous
    Thanks for your reply, I am now severely disabled and virtually unable to do any type of work hence the reason why my employer released me' I have been paid approx £6k for 12 years service due to incapacity. I don't think that my Employer (G4S) would know what a 'clear process' is although i believe that all was above board 
  • MarkmywordsMarkmywords Member Posts: 406 Pioneering
    If they knew you were disabled, they are required to make "reasonable adjustments" in the work place. This would be to either make your job easier or find an alternative role.

    If you believe there was something they could have done but didn't then it would be worth discussing it with an employment law solicitor.

    Under these circumstances your pay-off would be taxable and it would have to be spent before unemployment benefit was paid to you.
    A genuine inability to fulfil any role can result in a dismissal. I find it hard to believe they paid you a voluntary severance out of the goodness of their hearts though.

    It doesn't sound above board to me.
  • mctaywardmctayward Member Posts: 2 Listener
    Go cab they will either advise or put you in touch with somone who can help .ask for a appointment so you dont have to wait around in waiting room .
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