Welcome to our spot on the site dedicated to providing support for those who have discovered the ugly world of survival in the United Kingdom when your illness may not meet the criteria for medical retirement followed by your employer. What alternatives are available is not always obvious and some employers, including government departments, do not always offer accurate advice.

The scenarios depicted below do not represent anyone who is a member of a Trade Union. Unions have their own processes to deal with the issues here. This information is intended for those who work in occupations lacking union representation.

The most obvious avenue most of us recognise is one of bringing a legal action to claim what we consider as our entitlement, but for varied reasons this may not  be favoured, most commonly because of the costs involved.

What we intend here will be to highlight some alternatives available to anyone (this includes police, military personnel, civil and crown servants), no matter who their employer might be. Whether your employer admits it or not, all employers including all government departments are not above the employment laws of this land.

Our experiences have shown those listed below as able to provide independent and unbiased reviews of denied claims for medical retirement.

• First off, visit your local Citizens Advice Bureau (CAB). These voluntary workers possess a lot of knowledge about all kinds of issues relating to employment, and may also be able to provide information about other benefits that you might be eligible to receive.
• The Pensions Advisory Service (TPAS) acts as a conduit to the Pension Ombudsman. TPAS will review your claim and question your employer in regards how they reached their decision to deny you medical retirement. If they believe that your employer acted unreasonably given all the evidence in their possession TPAS can negotiate on your behalf to have your employer's decision reversed. However, if your employer remains unwilling to change their decision, TPAS can pass your case to the Pension Ombudsman who does have the power to overturn your employer's refusal.
  • Use this link to read an explanation about how TPAS performs its function in regards medical retirement claims

   

• Members of Parliament, your MP has the power to enquire on your behalf for an explanation as to the reasons you were denied medical retirement. Use these people sparingly as they are generally very busy.
• If all the above fail then it will fall on whether or not you feel justified in seeking legal action. If you do you will require the representation of an employment solicitor, it is pointless using any other for such a case because employment laws are complicated and require skilled and knowledgeable handling in court if you are to win.
• In regards legal action check your house insurance as some insurance companies provide cover for legal costs  in pursing claims including personal injury, contract, property and employment disputes. This will alleviate any initial hesitancy about asking an employment solicitor whether your case has sufficient substance for you to win. Some insurers provide funding up to £100,000, but you must check your own for details.