Possible Redundancy days after return from depression

DepressedMunkie

Hi guys,

I've had a look on the tinterweb for a case matching mine and have not been able to find anything similier.

I was recently diagnosed with depression after many things went wrong in my life - I was signed off work and after a 8 weeks felt well enough to return. On my first day back, I was told that I was to report to my local depot for the time being, to ease myself back into my position which I thought was a good idea as my role as a manager was very demanding. After a week back I was pulled aside by one of the GMs for a "quick word", he proceeded to tell me that my role was to be made redundant as all my previous responsabilities had been passed onto other employees. I have a further two meetings to attend to discuss other possibilites within the company but it's obvious, not only to me but to other employees, that this is just a way to get rid of me as our head office, at present, is making many redundancies on a last in, first out basis. The likelyhood of me being offered another role is pretty much non-exsitant.

Obviously this hasn't helped my mental well being at all, although I feel I can still function as a memeber of society it really has knocked me back a few stages in my recovery. Sympathy please? lol

So, the idea of this post was to see if anyone had any advice for me as I really dont know how to treat my situation and also, to see if what they are doing is actually legal.

Any advice would be greatfully received.

Many Thanks
DepressedMunkie

Conor_3

They can choose to make whoever they want redundant sadly. However, if they then advertised your job within a short period of time after they made you redundant, then you have a case of unfair dismissal.

My mate is going back to work tomorrow after 6 days holiday to be told he is being made redundant as well.

On the good side, a JSA claim should be pretty straightforward. Make sure you get redundancy pay if you've been employed by them for 2yrs or more plus any notice payment due and any outstanding holiday pay remembering that you still accrue holiday entitlement whilst on sick.

Scousebird_2

Another classic example of an employer using a loophole and the current climate to get rid of people.

I myself suffer from depression and anxiety and I am trying to avoid going off work because I don't want to rock the boat with my management team at work. But I think your situation is a difficult one and there is very little you can do, unless you can prove that their decision to make your redundant was in some way prejudiced against your illness. You should consult ACAS and your local Citizens Advice Bureau for help with this.

Good luck and I hope your illness gets better. I have suffered from depression for 5 years and there are times when it gets better. I hope this happenes for you. Best thing you can do is look for other jobs and move forward. If you have the energy to fight it, go for it. But if it is going to affect your mental state too much, then don't. Hand in your notice, get another sick note and leave.

Best of luck xx

flea72

unfortunately, you can be made redundant if your workload has been given to other people to do

however, they still have to go through the process of trying to find you another suitable position within the company, but as you say, they are making other staff redundant, so the likelihood of there being any other jobs is fairly small

Hopefully, you are entitled to some redundancy pay

Flea

DepressedMunkie

Thanks for your comments people I'm a little clearer on where I stand.

I did read somewhere that if they employ someone to do your job while your off it is infact illegal, is that correct? They've emplyed someone from the industrial part of the company which has nothing to do with mine, who was at risk of redundancy to cover 50% of my role... Is that legal?

SomeBozo

did read somewhere that if they employ someone to do your job while your off it is infact illegal

Where on earth did you read that?

If a employee is off sick for a unknown amount of time, most employers would sink without replacing them!

who was at risk of redundancy to cover 50% of my role... Is that legal?

Someone is off sick. Someone is at work but at risk of redundancy. It makes perfect sense to give that person at work more responsibilities.

Its not illegal and actually makes perfect sense.

Bozo

DCFC79

DepressedMunkie wrote: »

I did read somewhere that if they employ someone to do your job while your off it is infact illegal, is that correct?

thast wrong unless you misread what it was, ive been given other peoples jobs while they were off sick, it helps to keep the company going if other people help

DepressedMunkie

I totally understand the opperational needs to get someone to help, but to employ them on a permanent basis from company A to comapny B to take over my staff and responsabilities isn't questionable?

Meh.

SomeBozo

company A to comapny B to take over my staff and responsabilities isn't questionable?

They are not your staff, they are the companies staff.

You were not there because of illness, so they got someone else to do it for you.

Whats so "Meh" about that?

Bozo

DepressedMunkie

I'm losing my job because I was off ill.

SomeBozo

They replaced me when I was off sick

Ok.

So what do you expect them to do? Nothing happen until you return?

It sounded like your absence was not a set period of time, ie

after a 8 weeks felt well enough to return

so this was open ended.

They have done nothing wrong by getting someone else to do your job, manage your staff and take your place while you are off sick.

You say you were off with depression, what would have happened if you had come back to work and had 8 weeks of work to catch up on?

I'm not happy about it

<shrugs> They can do it

think it's unfair

Its not unfair.

Bozo