Toolkit for Trades Unions
• Why is HIV an issue for Trade Unions?
• Disability Discrimination Act
• HIV Training for Union Reps
• Negotiating an HIV Workplace Policy
• Support for Union Members Living with HIV
• Discrimination in the Workplace
• Leaving and Returning to Work
• Contact us

Leaving & returning to work

Sometimes those affected by HIV choose to give up work, though these days with new treatments now available this is becoming less common.  As a union representative some of the issues you should consider discussing with any members who are HIV positive are:

• Suggesting that the member consider asking if they could return to work part-time or to a less stressful job
• If the member does not wish to do this then the possibility of ill-health retirement could be looked into
• It is important that members should be encouraged not to resign until all the options available under whatever sickness scheme in operation have been explored
• What state benefits would they be entitled to if they gave up work

Helping your Members with Pensions

The following advice is general guidance only as to what a member might expect if they choose to give up work

In normal circumstances, payment from the occupational pension scheme is only made when a person reaches retirement age or if a member dies in service.  In the public service pension scheme when a person dies, a lump sum will be paid to their estate.  In the private sector, the lump sum is at the discretion of the trustees, and is usually paid to a nominated beneficiary.

Early Retirement

Most schemes allow for early retirement, with an enhanced pension in the case of ill health.  In exceptional circumstances it is sometimes possible to exchange the whole, or part, of the pension for a cash sum payment.

This option applies only to occupational pension schemes, including the local government pension scheme, and the NHS pension scheme but not personal pensions.

To qualify for early payment of the whole pension as a cash payment, a decision has to be made by the trustees of the pension scheme who have discretion.  Usually they would not consider doing this unless a person has a life expectancy of less than 12 months.

These days it is very rare for a person diagnosed with HIV not to be able to carry on living a full and productive life and pursue a career.  Unless someone is very seriously ill they should be strongly advised against choosing this option in the light of advances in medical treatment.

If someone has decided to give up work and, after taking medical advice, is unlikely to work again, they may be better investigating the possibility of an early retirement pension on the grounds of ill health.

The amount awarded would be dependent on salary, age and length of service.  In most cases, the amount may not be large.  In addition, a member’s entitlement to some welfare benefits would be affected by either a lump sum or a pension.  Early retirement should not be considered before a member has exhausted the provisions of the occupational sick pay scheme and all the options have been looked at.

Get Advice and Support

As a branch representative you may well find this area to be complex and branches are encouraged to contact their regional office for assistance if they have any difficulty, as a decision to retire early requires considerable thought and planning.

It should be emphasised that many members with HIV-related illnesses live for a very long time and should be encouraged to take a long term view of their options when considering any of the above options.

This site is operated by the UK Coalition of People Living with HIV and AIDS, 250 Kennington Lane, London SE115RD. Registered Charity number 1081309, Limited company, Registered Company in England and Wales number 2857569. Reproduction of material on this site is encouraged for non-for-profit or educational purposes on condition that permission is sought first. Ensuring Positive Futures is part of a community programme called Equal, a European Social Fund initiative, which tests and promotes new means of combating all forms of discrimination and inequality in the labour market. The GB Equal Support Unit is managed by ECOTEC.