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Ill health retirement versus pension authority. ? best way to force result?

Question: Ill health retirement versus pension authority. ? best way to force result?

(Posted by: Karen A on 2009-02-25 03:24:21)

58yo husband on long term sick due to negligence of employer and soon to be on no pay would appreciate any advice/ help to stir the employer into action. Not too much to ask for early retirement after being employed since the age of 15!


Answers:

Posted by: dzerjb on 2009-02-25, 07:55:47

If your husband is a member of a trade union, they should take this up on his behalf. However, most unions are pretty gutless these days & will probably act for the employer rather than stand up for their members. Health & Safety Executive would be a starting point, but as it sounds like the employer needs some pushing you should seek the help of a specialist solicitor. This could end up as a court case, your claim would be for all the wages he would have earned in the 7 years before retirement plus costs & compensation for pain & disablement so you'd be looking at a claim in the region of £150,000 to £250,000 on average. Little wonder the employer prefers just to quieten things down. If he's going for early retirement he will have to be checked out by a doctor - usually appointed by the employer, before he can receive a pension. After that, he could claim Industrial Injuries Disablement Benefit. That'd not a huge amount & the Benefits Agency are usually extremely reluctant to give it. I'm afraid he's likely to find himself as fully employed on pushing this as ever he was when he was at work. But it can be done if you don't give up. I'd start with the Health & Safety people as they're a government agency & their services should be free, then go on to finding a good solicitor.

  

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