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Made redundant while off sick


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Hi I have been with my firm for nearly 5 years. We have just gone through the redundancy procedure and i was not on the list. I was told that i would be safe - i work for the owner in administation. I had an operation on my face and was due to be off for 2 weeks recovery but due to complications i was signed for another 2 weeks. Before going off for the operation i was told i would be paid for my time off; i have letters from my surgeon/consultant and certificates from my doctor. I was phoned today to say i have now been put in a poole of redundancies and they don't know if they will be paying me for my sickness..... can they do this?

Edited by M64
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Hi I have been with my firm for nearly 5 years. We have just gone through the redundancy procedure and i was not on the list. I was told that i would be safe - i work for the owner. I am in administration. I had an operation and was due to be off for 2 weeks recovering but due to complications i was signed for another 2 weeks. Before going off for the operation i was told i would be paid for my sickness; i have letters from my surgeon/consultant and certificates from my doctor. I was phoned today to say i have now been put in a poole of redundancies and they don't know if they will be paying me for my sickness..... can they do this? Can they say they will pay me then say they will not, i have it in writing by email that they will?

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Hi M64,

 

Welcome to the Consumer Action Group :)

 

I've moved your thread to the 'Employment' forum, you'll get more help here.

 

Lex

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Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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If you have an agreement for sick pay to be paid then you may force the issue as a potential breach of contract. A written grievance would be the appropriate starting point if they go back on their word, with a Letter Before Action if the situation progresses.

 

With regard to the redundancy situation, whilst sickness is no barrier to being made redundant, you are entitled to the same consideration and consultation as others would be. You therefore need to receive written information as to what is happening and why, what the implications might be, and you must have the opportunity to ask questions and explore any alternatives to redundancy. If you are not physically capable, then you should be given the opportunity to use a representative to attend meetings on your behalf, or there may already be an arrangement where a colleague has been elected to attend and report to those at risk. If that is the case, then you need to make sure that you have access to that person by phone or e mail so that your views are included and that you are included in any discussion about what was discussed at any consultation meeting. Failure to consult might constitute Unfair Dismissal if you are made redundant.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Whoops - there appear to be two identical threads. Have added my two penn'orth to your other post.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

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  • 1 month later...

thank you for the advice. I was offered alternative empoyment. I took a part time job, the only job on offer on reception. I have gone back to work in my new role. I no longer work for the same person. However i returned to work with numerous tasks from my old manager. I emailed him and his wife (who doesn't work for the company) to say i no longer deal with his work and pointed them in the direction of the person who is doing his work now. I have continued to get work requests and have reffered this to the HR manager who confirmed he had spoken to my old boss but stated that he needed me to email my old boss, by way of reminder, that i no longer work for him!!!!!!! I am gob smacked, angry and very upset. I have all the emails relating to this and want to know waht i should do now. I am grateful for the new job offer but cannot do both jobs especially as my boss made numerous statements in meetings to say he no longer has need for me. Any advice would be very welcome as i feel humiliated and very upset that i am being treated like this.

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