Restructured redundancy whilst on sick

[let me at'em]

Hi, I am in 3rd month of sick leave from the NHS and awaiting an operation that may solve my health issues, (tumour on adrenal gland causing high BP and chronic nausea) my NHS Trust has just interviewed my grade of management for yet another restructure - the 5th in as many years -and my current post appears in the new restructure but despite being the most experienced candidate and a successful manager, (having been interviewed by email questions, due to my condition) I have been told I was unsuccessful for the job I have been doing for 14 years. No disciplinary or capability marks against my name and apart from this year we have always exceeding all targets - this year is the first year that has not happened, which is in keeping with the national trends. They have offered my role to another manager, who has no subject area experience or specialist knowledge, leaving me 'displaced' and as I am unlikely to get my operation and recover within the three month displacement period - will effectively leave me redundant.

 

My Questions are; whilst my sick period will take up the three months do I have to consider lesser, not equivalent roles, if offered ? - I feel they may not want to pay my redundancy. Am I entitled to have the outstanding holiday pay paid to me upon the end of the three month period ? Given the widespread disbelief that I was not given this role, inside and outside the service, including service commissioners, etc. - then if this is some kind of unfair dismissal because of sick leave or politics - what kind of financial rewards are offered at tribunals - don't want to go there if it is not worth it given the stress factors and my health? Appreciate any support/advice or comments you can offer

[stevemLS]

The widespread disbelief will not help you and it sounds as though your employer did what they could to enable you to apply by making special interview arrangements.

 

It still sounds like a horrible situation to be in, though - I work in the NHS and know how stressful these interminable reorganisations are.

 

If it's any consolation, my best mate had what sounds like your condition, ?? Syndrome, I just can't remember the name - he had the operation very quickly, was in hospital for a few days afterwards whilst his blood pressure was carefully monitored, but made a virtually instant recovery.

 

Others will be able to offer more advice I'm sure.

 

Best wishes.

[ericsbrother]

The role was given to someone else as part of a change procedure and unless that person was on a very different pay scale that wouldnt be reason to make a claim of discrimination. Were the other posts allocated within the original pay grades or has there been demotion/promotion in filling the new posts?

Unless someone comes out and says in front of witnesses that you didnt get the job because of your current medical condition there will be little mileage in a discrimination claim. You need to look very carefully at the organisational documents and see whether there is redundancy and if so, under what terms. I dont see that they are trying to avoid that, they may be trying to avoid an ill-health retirement settlement which will be a lot more expensive!