Human Resources Division
Evidence to suggest return to work not achievable
Where an employee has been absent on account of ill health for a year there is an increased likelihood that a successful return to work will not be achievable within a reasonable timescale.
To bring employment to an end and minimise risk of unfair dismissal and/or disability discrimination
Human Resources, in consultation with the supervisor or manager will oversee the progress of the relevant procedure. Any request for early retirement on the grounds of ill health or total incapacity must be initiated by the employee. In cases where all other options have been explored and found to be impracticable, steps may be taken to terminate employment (ie dismissal) in accordance with the procedure outlined in (b) below. To ensure this procedure is fair, the employee has a right to comment on the case for dismissal, to be accompanied to meetings at which the case for dismissal will be considered, and to appeal against dismissal.
Early retirement due to incapacity or ill health
- Receive an application for early retirement from employee
- Advise Institution on the preparation of a management case for early retirement
- Request medical reports (CPS) and forward application to Pensions
- Liaise with employee on effective date of retirement
- In consultation with Human Resources, prepare management case for early retirement.
- Agree date of retirement, if approved.
- Once the retirement date is agreed, process the individual as a leaver within CHRIS (please see Leaver Administration for more information).
Occupational Health Service
- Prepare medical report and liaise direct with USS on application
- Provide additional information in support of appeals in respect of USS members
- Prepare report on CPS applications, at the request of Human Resources
- Process applications, decisions of the Pensions Managers, and appeals (CPS).
- Prompt OHS on actions needed to progress applications and appeals in respect of USS members.
- Liaise with USS on the terms of early retirements agreed by USS
Termination of employment (dismissal) due to medical incapacity
- Advise Institution on preparation of case for dismissal
- Write to the employee setting out process to be followed, including:
- warning of the possibility of dismissal;
- enclosing case for dismissal prepared by Institution;
- advising on right to submit comments in writing and/or in person to the adjudicator and to be accompanied at a meeting with the adjudicator;
- seeking consent for adjudicator to have access to medical reports;
- advising of right of appeal against any subsequent dismissal.
- Write to OHS to seek adjudicator's access to medical reports
- Prepare paperwork for consideration by the adjudicator and take follow-up action on the outcome
- In consultation with Human Resources, prepare case for dismissal to be considered by the adjudicator
- Once the decision to dismiss has been confirmed, process the individual as a leaver within CHRIS (please see Leaver Administration for more information).
Occupational Health Service
- Submit medical reports for consideration by adjudicator or consent to existing reports being made available to adjudicator
Respond to letter from Human Resources, indicating:
- confirmation that early retirement is not being sought;
- consent for medical reports from OHS being made available to adjudicator;
- enclosure of written comment on the case for dismissal to be considered by the adjudicator;
- intention to attend a meeting with adjudicator to present comments in person;
- intention to be accompanied at the meeting