Long term sick & loss of post

Azmataz

A colleague (or seemingly ex-colleague now ) went off last summer on sick leave, following a horrific car accident, a series of operations and rehabilitation. She is now in a position where she is deemed fit enough and feels well enough to return to work.

However, our manager has told her that there is not a job to return to, as her original post has been filled with a replacement worker. Our manager says that he cannot legally end the employment of her replacement and therefore, my now ex-colleague simply cannot return to work. During her sick leave, the boss maintained to her and the rest of our team that her return was simply a matter of time and at no point until her actual request to return was the door seemingly closed to this option.

My ex-colleague was a permanent staff member prior to her accident and had worked reliably at the office for five years. I know the situation she finds herself in can hardly be considered ethical, but is it legal?

Takeaway_Addict

Unless she was on a zero hour contract (and even then its dodgy) or the employer has gone through capability procedures (which it doesn't sound like it) then no the employer cannot do this and the employee needs to get proper advice from a union (if they are a member) or a solicitor

Azmataz

Takeaway_Addict wrote: »

Unless she was on a zero hour contract (and even then its dodgy)

My ex colleague had her set days per week, as do we all in the office, but all of our 'contracts' are purely implied. No written contracts. No written statement of particulars. The manager tried to wriggle out of supplying us with those using the excuse that because we're part of a small local charity, there are not the resources to have them written up. Hmmm.
I wouldn't be at all surprised if he tries to use this absence of written contracts against my colleague. Or any of us for that matter... :undecided
It's not nice treatment at all. Our boss mentioned that she might be offered cover shifts in future on staff days off, but that's nothing like her job was. I'll encourage her to get some legal advice, although I imagine that without earnings now, CAB will be the only thing in her price range.

jobbingmusician

Try redundancyforum.co.uk

KiKi

Azmataz wrote: »

My ex colleague had her set days per week, as do we all in the office, but all of our 'contracts' are purely implied. No written contracts. No written statement of particulars. The manager tried to wriggle out of supplying us with those using the excuse that because we're part of a small local charity, there are not the resources to have them written up. Hmmm.

It doesn't matter. You don't need a written contract. Assuming your friend has more than a year's continuous service as an employee at this company, then they cannot get rid of her without following proper capability procedures.

They can sack the new replacement within two years for any reason unless discriminatory or TU related - again, assuming they are new to the company when they took the role in the Summer.

As another posted suggested, post this at redundancyforum.co.uk for SarEl who is an employment barrister.