Off Sick during Redundancy Notice.

vortexx

Hi, a colleague of mine has been made redundant at our work, he has lost his appeal and is due to leave the first week in October. Because of ths stress that all this has caused he is thinking of getting a sick note for stress that would mean him not working his notice period. The company has said that if he does this they will stop his redundancy pay (He has been employed for 18 years), as he won't have shown anybody else within his department the things which onle he knows about. Can the company do this, we belived that if he was on a sick note then that was it.

Regards

Martin

LittleVoice

For a start it will depend on his getting his GP to issue a series of notes to keep him away from work for a couple of months. Do they issue them that easily?

And the employer could perhaps decide to dismiss him instead for not being capable of doing the job (evidenced by his sick note(s)) - and then he would have no redundancy pay.

CFC

Not to mention that if he has been offered enhanced redundancy pay rather than the statutory minimum ( which is peanuts) then yes, they can withdraw that. Unless his contract says differently, he is onlyentitled to the statutory minimum payment.

Work out what he is entitled to here:

http://www.berr.gov.uk/employment/employment-legislation/employment-guidance/page33683.html

Boomdocker

Is there room to negotiate here. Speaking from experience as I am going through something similar. Had my final meeting yesterday and got the enhanced redundancy package that I wanted. So I am happy. I am entitled to 12 weeks notice and contractually I have to work it. We negotiaited if I work 2 weeks to do a handover then I can have the next 10 weeks off as garden leave (fully paid to stay at home). I can go sick, they can bring my leave date forward which effects my package so this for me is a reasonabe compromise. Plus I get to say bye to the people I want to rather than just slink off. Your friend needs to go back to the interviewer and discuss all options. I totallu understand the stress, I have never cried so much but you know what, your mate will get through it. Good Luck.

vortexx

Thanks guys, there is no enhanced package with this redundancy. The guy who is leaving is so stressed at the moment I just don't want him to do anything silly like get a sick note which will jepodise his money. In his case I don't belive they will allow him "garden leave" although the company has said that if he is offerered a job while on notice then they will review his case, i,e, has he passed over all knowledge. We are on factory summer shutdown for the next two weeks so he may have changed his mind about the sickness thing with any luck.

Thanks once again.

DiSmith

Can anyone tell me if you can be made redundant, while signed off sick by your GP. The company I work for has issued a redundancy notice to myself and two other employees, but I have been off sick the last two weeks and still have another to week to go before returning to work. Is this legal ?

cazziebo

Yes, as long as the proper process is followed, it's legal

Mummy89

I was due to take my maternity leave on 29th October, which I informed my employer of my intention back in August.
Since then a few things have changed in the company and they have made me redundant as my role of PA is not not there anymore due to a partner leaving and my role as her PA therefore becomes non existant.
They have dealt with the matter fairly and I am receiving everything I am entitled to including my maternity pay which is great, BUT

I have been having terrible pains with my back and hips which is due to the pregnancy and my doctor has mentioned signing me off work for the last 2 weeks of my notice period due to the pain I am in. I dont want to go ahead with signing off if it means that it would effect my maternity pay (as in it will be stopped) or my redundancy pay.

Not really sure what to do.. can anyone give me some advice or should I just speak to my employer?