How long can they keep my job open?

hoyles10

I have been off work with serious illness since May last year. I was hoping to be able to go back in the next few weeks but i've been told by my doctor that I may need a further operation which will put me out of action until at least March next year and then my situation will be reviewed then.

My work have been brilliant and they told me to take as much time off as I needed and no matter what they will keep my job open.

Today I have received an announcement saying that the company has been bought out but things at the moment will stay the same.

I was just wondering how long they can keep my job open for or if they could decide i've been off long enough and tell me no to bother coming back.

Savvy_Sue

They CAN keep your job open indefinitely, AFAIK. However whether they WILL do so is another matter.

are they still paying you?

jazzyman01

Okay - if your medical issue is likely to continue then you may be covered by the DDA.

If the Company has been sold, dependent on the size, it may take a while for the new owners to get around to reviewing the current staff.

When they do, they will likely contact you for a meeting. They will ask for permission to contact your GP/specialist to see the likelihood of you returning, when and in what capacity.

If you are flexible - ie you are willing/able to do some duties (for example if it is a foot operation you can sit down and do computer work etc) - then you need to discuss this.

You could also see if they would employ a temp/contractor until your return because (I assume) that you are not getting any salary?

If small business or you have limited service - they could decide that having to wait until March - with no guarantees is too great a strain on the business and will terminate your employment. They will (should!) then give you notice and the right to appeal against the decision.

hoyles10

My SSP stopped in December so I haven't been paid since then apart from getting holiday pay when it's been a bank holiday, not quite sure why that is but hey ho.

Unfortunately the operation is quite a major one so i'm not going to be able to do anything in the office although I have told them that I am willing to do anything I can do from home until then which they are going to look in to. I can easily do a couple of hours a day but due to the treatment I am having I get tired very easily so anything more than 2 or 3 hours may be to much.

What is DDA?

Savvy_Sue

Disability Discrimination Act.

They have to make 'reasonable adjustments' for a disability.

Horace

The employer will have to make reasonable adjustment for a disability, however, if you are going to off for a further 12 months then the employer would not be seen as being unreasonable if they dismissed you on medical grounds - ie. there was no reasonable prospect of you returning to work anytime soon. Your previous employers may have been more than reasonable but since the company has been brought out then the new ones may decide that you will never return and therefore cannot keep your job open indefinitely hence the possible dismissal on ill-health grounds.

jazzyman01

Horace is right, but they would still need to go through the process I described in order to determine this.

It is good that they are looking at some work that you could do at home. This will enable you to rest when you need to.

Sorry for not explaining what DDA was.

woody01

Savvy_Sue wrote: »

Disability Discrimination Act.

They have to make 'reasonable adjustments' for a disability.

Dont get too tied up on DDA.
If the illness prevents the person doing their job satisfactorily, OccHelath will get involved and the OP will probably be dsimissed on mediacl grounds.
There is no law against this if done correctly.

Savvy_Sue

Yes, I agree. I was going to say a bit more about how if they couldn't make enough reasonable adjustments, it was lawful to dismiss but my brain had packed up, just thought it would be useful to briefly explain what DDA meant and why it had been mentioned.

jazzyman01

dont disagree at all. However, I thought it was important to explain the process regarding getting medical reports etc.