The claimant worked for the respondent, a County Council, from 1999. She felt that she was constructively dismissed by way of forced retirement as of the 2013. She had been off sick since 2007.
When the respondent eventually took steps to have the claimant medically assessed, there seems to have been some doubt about the claimant's abilities to return to work and certainly her own GP reckoned she was “permanently unfit for work”.
The claimant accepted medical retirement and then sought to appeal this. She decided it would be better for her to take a career break rather than early retirement; or a part-time position should have been found to accommodate her working less hours.
The EAT found in favour of the employer. The pension related pay was discretionary and had to be stopped as there was no indication that the claimant would ever be in a position to return to work.
https://www.workplacerelations.ie/en/Cases/2015/November/UD1694_2013.html
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