I have become disabled and may loose my job at 49 yrs old can i claim my private pensions?
Answers:
Hi Keith
Being disabled doesn't necessarily mean you are incapable of doing the job for which you were employed. It depends on the nature and extent of your disability and the type of job you were doing.
If your employer terminates your employment in circumstances that do NOT warrant it, i.e. notwithstanding your disability you can still perform the duties ascribed to your job, then yes you do have a case for UNFAIR DISMISSAL and DISCRIMINATION contrary to the Disability Discrimination Act.
In respect of your occupational pension, that is dependant upon the terms of that particular pension scheme and therefore without seeing the small print of that scheme I am unable to provide definitive advice.
Something you should consider if you haven't already done so, it to obtain the necessary forms from the Department of Work & Pensions and make application for Disability Living Allowance.
If your disability is such that you are unable to work, then you may also need to contact your GP, obtain a medical certificate and make a claim (again to the local office - Department of Work & Pensions) for Incapacity Benefit - you will have a great deal of form filling to do.
If you want further more definitive advice - send me an email - geoff.chaplin@btinternet.com
Im sure you will get answers from people that actually know but my friend had the same thing happen to her age 39. She was earning over 100k and suddenly couldnt ever work again. After using all her savings she is now on benefits age 46. It is very sad that this sort of thing happens. I hope you manage to sort your pensions out. All the best x
If you are still able to work whilst disabled and the company still decide to fire you, you can take legal action, under the disablity act (I think that's what it's called).
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