Can i be made redundant...

aj2703

when i am off on sick leave.?. i am due to go into hospital for a day op on my hand. I have been told that i will probably need 2-6 weeks off to recover. The threat of redundancy looms over our firm and it lookslike things will come to a head on july. I am worried that if i am signed off for a while they might just use it as an excuse to get shot of me.

savingholmes

Unfortunately you can be made redundant while off sick particularly when if you hadn't been off sick you were at risk of being selected anyway.

If they select you purely because your off sick (which would make them muppets:rolleyes:) you may have a disability discrimination claim providing your condition has a substantial adverse affect on your ability to do your day-to-day jobs - for a year or more...

If your attendance is just one of many factors they may be able to get away with selecting you. Providing your operation is successful and you had a previously good attendance record and you can shortly return to full duties you could appeal and try and demonstrate that your recent poor attendance is unlikely to repeat.

It really depends on the size of company, how many others they are making redundant and how well they justify their selection process. They should consult on their selection methods as part of any redundancy consultation process...
HTH

Pete111

As Savingholmes writes, they would be silly to use this as a reason to make you redundant but I understand your nervousness.

You might be well advised to have a word with your manager prior to the op and reiterate your desire to get back to work as soon as practicable etc - showing willing is never a bad stance.

If there are redundancies announced whilst you are recovering and you are in the redundancy pool, try to get into work to have the relavent meetings so you can speak for yourself and gain a full understanding of events.

In the meantime, don't panic.

bristol_pilot

Sickness record is very often used as a means to select for redundancy, sometimes the only criterion.

LittleVoice

bristol_pilot wrote: »

Sickness record is very often used as a means to select for redundancy, sometimes the only criterion.

And if they do that - use sickness record as only criterion - an employer is leaving themselves wide open to disability discrimination claims against them.

savingholmes

LittleVoice wrote: »

And if they do that - use sickness record as only criterion - an employer is leaving themselves wide open to disability discrimination claims against them.

agreed - they would be seriously stupid to do this! If they do - contact ACAS / Union straightaway!