will a company offer redundancy if im off sick and they want to get rid of me?

hecateherne

i work for a bank and im wondering if im signed off sick whether a company will offer redundancy to get rid of you. i was signed off with stress and have had problems with the company before after taking a manager to a hearing for bullying. since then ive had a feeling they may get rid of me i was moved to a new branch and found out the manager there has been asked to manage me out of the company! since this its been made more and more difficult for me and more pressure placed on me designed to make me crack. in the end i was signed off again any words of wisdom or encouragement would be helpful

thanks xx

Uncertain

hecateherne wrote: »

i work for a bank and im wondering if im signed off sick whether a company will offer redundancy to get rid of you. i was signed off with stress and have had problems with the company before after taking a manager to a hearing for bullying. since then ive had a feeling they may get rid of me i was moved to a new branch and found out the manager there has been asked to manage me out of the company! since this its been made more and more difficult for me and more pressure placed on me designed to make me crack. in the end i was signed off again any words of wisdom or encouragement would be helpful

thanks xx

Short answer - No.

The bank can only make you redundant if your job no longer needs doing. To pretend to do so for other reasons would leave them wide open to claims for unfair dismissal.

They could either dismiss you based on conduct or, if you are off sick for a long period, capability. In either case they would need to follow proper procedure and have good cause or you could make a claim.

The only other option would be to offer you (or you suggest to them) a compromise agreement. This is a legally binding agreement where you agree to leave on certain terms and sign away your right to make any claim. Normally this would include some money, an agreed reference and a confidentiality clause. You must receive independent legal advice for this to be valid.

hecateherne

if i were to offer a compromise agreement that may help it looks like i will be off for a few months at least if not more due to the stress and i dont really feel i can go back to work for them as i know nothing would change as it didnt last time, thankyou for your response also

jazzyman01

If you are off with stress then I assume someone is talking to you from the Company?
I would write to them stating you are stressed because of work and the lack of support following you attending a hearing in regard to a bullying manager. This is made more stressful now that you have heard your new manager has been asked to manage you out of the business.
It may well trigger an offer of a compromise.

rubytuesday

I was in a similar situation to you and was offered a compromise agreement. I had help from my union do you have a union representive? You might also be able to get help from ACAS.

jdturk

think a compromised agreement is the best course of action for both of you, you don't want to be there and they don' want you to be there.

How do you know the manager has been told to manage you out of the company? If its hear say then it sounds to me that you just can't keep up with the work load, if you have seen a letter stating this then I agree with you.

Also as a side note stress doesn't have to be a few months of work.

Anihilator

Dismissal through either capability or absence.

Correct me if I am wrong but stress is not necessarily a disability hence they can dismiss without reasonable adjustments for high absence rates.

olly300

Anihilator wrote: »

Dismissal through either capability or absence.

Correct me if I am wrong but stress is not necessarily a disability hence they can dismiss without reasonable adjustments for high absence rates.

Correct. Stress on it's own is not recognised as a disability but if you have anything like anxiety or depression that commonly comes with it, then the OP needs to ensure their sickness notes clearly state this.

In addition make sure it's stated on the sickness notes the cause of the problem as well i.e. stress and anxiety caused by bullying at work by a manager.

A lot of GPs will be happy to oblige particularly if you are trying to do something to get out of the situation though you will find others who don't give a damn.

If you do this the company knows they could face a tribunal claim under the Disability Discrimination Act if they sack you for any reason as there has been rulings that a company can not make it's workers sick, so they should be more agreeable in agreeing a compromise agreement.

Oh and well done Anihilator for not making a nasty comment.