can they make me go for redundancy while off sick?

malacit

hi

i have been off sick for 1 week due to stress at work

this place is becoming increasingly stressfull and i cant cope with it anymore
i have taken depression assessment and i am in an extreme state of depression, my doctor is not happy for me togo back to work yet.

im a permanent employee and worked for the company about 1 year and 9month

i have checked my contract today and it seems that company pay scheme only pays up to 14days only,
does this mean after 2 week i only earn SSP (and thats about £80 a week? )
my salary is 45K.


according to my contract the management can end my contract of my employment if im sick for longer thant 14 days due to illness!
is thats really possible?

will i get and redundancy if they terminate my contract?


thanks for your help

heretolearn_2

Yes, your employment can be terminated on the grounds of capability if you are off sick a lot, and 14 days in a year would be considered a lot by most employers. There will be a procedure to go through so it shouldn't happen overnight. It's more that the 14 days triggers the procedure, which may or may not result in dismissal. The number of sickness incidents is also relevant - one serious illness of 3 weeks isn't as bad as having 14 x 1 day off for little things.

Dismissal is not redundancy so there would be no payment over usual notice period.

malacit

thanks, currently im off sick due to stress caused at work place, this is cruel because i cnt go to work because of excessive stress caused by poor management and how company is run ... on the other hand they can even terminate my contract because of their poor management! i suppose i can take legal action if they terminate my contract? is it worth joining union ? does it matter? how do i find a union ?

scheming_gypsy

malacit wrote: »

i suppose i can take legal action if they terminate my contract??

if your contract says they can terminate due to sickness then what would you take legal action over?

Acc72

malacit wrote: »

i have checked my contract today and it seems that company pay scheme only pays up to 14days only,

according to my contract the management can end my contract of my employment if im sick for longer thant 14 days due to illness!

You need to clearly understand what exactly your contract says (from the above it seems that you may be getting several different issues confused ?).

What do you want to happen ?

It is clear from your post that it is not in your best interests to return to work, and from the companies point of view they cannot pay you to stay off work indefinitely.

Sooner or later it will be better for all concerned if you left and found another job (I know, this is easier said than done these days...).

Are you in a Union ? - maybe they could advise ?

ILW

malacit wrote: »

hi

i have been off sick for 1 week due to stress at work

this place is becoming increasingly stressfull and i cant cope with it anymore
i have taken depression assessment and i am in an extreme state of depression, my doctor is not happy for me togo back to work yet.

im a permanent employee and worked for the company about 1 year and 9month

i have checked my contract today and it seems that company pay scheme only pays up to 14days only,
does this mean after 2 week i only earn SSP (and thats about £80 a week? )
my salary is 45K.


according to my contract the management can end my contract of my employment if im sick for longer thant 14 days due to illness!
is thats really possible?

will i get and redundancy if they terminate my contract?


thanks for your help

Can you prove that your sickness is a direct result of management policy or practise?

cazziebo

What have you done to resolve any issues prior to going sick?

At your level, I'd expect any employee to take some responsibility for their own self management so unless there was some ongoing harassment or workplace bullying, which should have been dealt with via the company's grievance procedures, I think you might be hard pushed to say the company is the sole cause of your extreme depression.

As another poster says, your post is not redundant. From your description it sounds as if the job doesn't suit you. Is there any possibility that you could have a chat with your line manager tell them about how unhappy you are, and see if the company can accommodate you in another role? Alternatively, I think you should try to find another position and that will be easier if you don't have an extensive period of sick leave on your record.

Best of luck.

malacit

no i will register , thanks

getmore4less

whats your notice period,

If they dismiss on cabability with notice they may still have to pay full rate for the notice even if sick.

Accrued unused holiday should still be paid

SarEl

I think it highly unlikely, no matter what the contract may say, that the employer can actually achieve a fair dismissal after a single sickness absence of 14 days, without any recorse to a proper capacity process or sickness absence process.

But other than that I am afraid that I agree with the others. The chances of evidencing that this sickness is caused by the employer - and especially if you have no record of valid grievances (and remember - your opinion of bad management is not the same thing as a legal claim!) is low; and if you cannot are do not wish to try to resolve your issues with the employer, then another job would be the best way to go. And a substantial period of sickness for stress (or anything) and any mention of work related is not a great recommendation to other employers.

malacit

no question about my performance, i just got promotion and know myself very well ( i am doing 3 peoples work on my own, its highly sensitive,complex job that i do), 2 people have resigned and moved on to another company and their resignation was not even noticed by yhe management... (management are happy that they resigned otherwise it would have been a force redundancy for some of them or even myself)
also 2 other people went on long term sick and havent returned .... ( including one of the managers)
all caused by poor policy,lack of undrestanding resources needed , budget cut, unrealistic expectations and so on...

all of above people tried to change how the company runs but all of them gave up! and felt sick like me.
i either have togo back to work or find another job, question is what happens until i get back to the office /or find a new job? will they terminate my contract?