Seeking employment whilst off sick

[accounts]

I have just been issued with my redundancy notice (12.09-4.12), I am off sick with work related stress. My md has stated that I must send in sick notes to 4.12-but I have the following questions:-

 

If my doctor only issues a sick note for a further month -then I must return to my employment?

I wish to seek employment-there are numerous vacancies at present-can I start work as soon as I am fit? or must I wait till after 4.12?

 

I realise after 4.12 then there will be very few jobs around, this will continue in Jan and feb I know-frpm looking previously-must I miss the opportunities now just because it has taken three months for md to serve notice?

 

Could my doctor say that my stress is work related -which it is and then say that I could be fit to work in a different environment?

 

Any body please with experience of this situation?

[papasmurf1cx]

Hi accounts...... How long have you been off sick with work related stress? have you been diagnosed with a specified illness eg anxiety / depression? What has your GP done to treat you apart from giving you sick notes? Basically I am trying to find out if the redundancy is an excuse to get rid of you and whether there is any discrimination involved?

 

As far as your GP is concerned he will take the lead from you, he is concerned with your health nothing else and if you get better because you are out of the previous toxic environment then that is good.

[accounts]

Thanks for the reply.

 

I have been for counselling and I am on maximum anti depressents-the diagnosis is stress-work related stress.

 

I have been off for almost twelve months -MD held a meeting, was very sarcastic, discriminated against me and stated he wanted to reduce my hours from 36.5 to 15 -to allow me time for gp and hospital appointments. I had just been diagnosed with severe endometriosis and was told that I would need an hysterectomy. this happened in June, and unfortunately had complications and still have open wound -full details under another thread -grievance help please.

 

I know that MD has now changed reason for redundancy as restructuring-it is entirely my health which started the issue and the fact I am female. He also made comments during the meeting when I stated I could not manage on 15 hours -he told me to ask my mum to help me and give me money. This was not a good answer for a MD.

[honeybee13]

I'm a bit confused here, accounts. Why do you have to provided sick notes up to December please?

 

HB

[papasmurf1cx]

There seems to be clear Disability and Sex Discrimination. Are you legally represented? I see you have another thread over this problem. I have not read through it but it appears that you are taking the redundancy it that correct?

[accounts]

Thanks for prompt replies again.

 

I am accepting redundancy-and I am being issued with 12 weeks notice from 12th September -to 4th December -this is why my MD has stated that I must forward sick notes to 4.12. Failing this I suppose I would have to return to work? not sure.though.

 

He has stated that I need to make arrangements prior to me calling to collect my jackets etc-I am still an employee though-have not been dismissed or suspended etc so in one sense he wants sick notes -to keep me away and in another is telling me not to call without agreement first. Not very happy after 12 years service.

[papasmurf1cx]

Have you spoken to a solicitor??????????????? I think this is important. 12 weeks pay doesn't seem so much for what you have gone through.

[accounts]

The twelve weeks pay is 12 weeks of pay for my notice period plus twelve lots of redundancy =12*380. This is my statutory entitlemet -one week for each year of service.

[papasmurf1cx]

Yes I realise that but in Discrimination cases there is damages for Injury to Feelings, loss of past wages, loss of future wages, loss of pension entitlement and perhaps others. This needs careful thought and consideration from a qualified employment solicitor. Cag can give you pointers but ultimately it is for you to get the right advice and proceed accordingly.

 

I ask again have you seen a solicitor? Have you legal protection for employment disputes?

[accounts]

Thanks for the advice. I do have legal cover on my insurance and used the solicitor at the start. She was very good and stated that it was discrimination, however, from approx June/July my MD changed the "wording" in his letters and stated that the redundancy is a result of restructuring. My solicitor then informed me that she could no longer cover me -under the terms and conditions of the policy -as my employer was no longer using discrimination as the means to make me redundant.

 

I don't really know what else I can do though now. Any further advice please or suggestions will be appreciated.

 

I know that it is discrimination, and from the moment I was diagnosed with my illness -severe endometriosis -my MD-immediately started to mention that he wanted to reduce my hours to enable me to have two days a week off for hospital and GP appointments.

[papasmurf1cx]

It sounds like the solicitor gave up on you. if you are insured you should go back to your insurers and complain about what happened. If she took it on as discrimination the fact that your employer changed tracks halfway through is only evidence of victimisation ie because you raised a grievance (which could end up in a ET ) the act of changing victimised you. Any judge will see through this. Fight for your rights and that means fighting your own legal people sometimes as they have to be persuaded before they take action and it is only you that can fight for you rights.

[accounts]

Many thanks for the reply, this has given me a boost to speak again with my insurance. I am feeling stressed and recovering from op-and therefore feeling really down, and need a boost to get me going again. I am also starting another course of counselling over the next couple of weeks and in addition to this have two hospital appointments this week. When my solicitor stated they could no longer act because of the change in reason for redundancy -I accepted it-clearly I should have asked more questions-but feeling down, stressed, and basically rotten having just had a major op -I left it.

 

I would have been a lot stringer if I hadn't had my op-unfortunately this happened at the wrong time really.

 

Once again, thanks for your advice and 'push' to get me asking questions.

[papasmurf1cx]

Keep smiling you have loads of friends on here. keep us posted.