My Job Advertised Whilst I'm Off Sick

gtom

Hi all, long time lurker looking for a wee bit of advice.

About 7 months ago I collapsed at work due to what I now know is an irregular heartbeat which I'm about to get treatment for after months of tests and to-ing and fro-ing. As a result of these tests I developed a bit of anxiety to say the least and needed some medication to calm my nerves to prevent damage.

During this time I've had 2 Occupational Health assesments, both with a lovely understanding private GP who on both occasions ruled me not fit for work but likely to return with a year on the first one and within 6 months on the most recent.

He stated I would be covered by DDA and would likely have above average abscence due to potential of funny turns and hospital appointments etc.

So, I'm focused on my recovery and I notice my job is currently being advertised on the internet. It was filled temporarily by a colleague (which I fully understand life and work goes on) but it's now advertised as a fully permanent position.

I've done some enquiring as my friend was offered my job through an agency and has had an interview! (She hadn't realised it was my job) She was told the position was permanent due to the current postholder leaving the company due to sick leave. There's no room for doubt in that I've been replaced whilst on sick leave.

Can my company legally do this? I appreciate the need for them to trade but OH do expect me to return by mid-Autumn as does my cardiologist!

I don't have a Union rep and didn't want to ask the CAB as I know they are incredibly busy with other serious cases.

Many thanks

InsideInsurance

You have no way of definitely knowing, other than by asking your manager, if it is to replace you or to supplement you. In the circumstances I wouldnt be too tempted to tell someone interviewing for a perm role that its due to someone being on long term sick who may or may not come back as that creates concern in their mind that it may not actually be perm

gtom

InsideInsurance wrote: »

You have no way of definitely knowing, other than by asking your manager, if it is to replace you or to supplement you. In the circumstances I wouldnt be too tempted to tell someone interviewing for a perm role that its due to someone being on long term sick who may or may not come back as that creates concern in their mind that it may not actually be perm

I've been told in an email by HR, just moments ago, that it is my job and it is permanent and there is nothing else to discuss at this moment in time

AP007

gtom wrote: »

I've been told in an email by HR, just moments ago, that it is my job and it is permanent and there is nothing else to discuss at this moment in time

So they have fired you when off sick with no notice?

gtom

AP007 wrote: »

So they have fired you when off sick with no notice?

I've been told to await a letter.

I've contacted a friend in HR who have said they are going to put me through ill health retirement which my occupational health letter advises against

ILW

How long have you been there?

AP007

gtom wrote: »

I've been told to await a letter.

I've contacted a friend in HR who have said they are going to put me through ill health retirement which my occupational health letter advises against

yeah how long have you been there?

I thought there was a due process they had to go through like warnings or the like to get rid of you.

gtom

ILW wrote: »

How long have you been there?

AP007 wrote: »

yeah how long have you been there?

I thought there was a due process they had to go through like warnings or the like to get rid of you.

2 and a half years.

AXA who are handling the Occ Health have told them September return date in a Management Advice Letter with no adaptions or changes need to facilitate my return and only that I am likely covered in their opinion by the DDA

I've had no warnings or contact from the business aside requests to attend Occ Health

Takeaway_Addict

AP007 wrote: »

yeah how long have you been there?

I thought there was a due process they had to go through like warnings or the like to get rid of you.

No warnings for capability like this (such as verbal, written etc). They need to follow a process as they could end up in a tribunal for discrimination but it seems to me that by going to OH twice and being told that the time for return is still some time of that they are looking to dismiss.

Whether its fair or not thats upto the tribunal but its understandable for companies to act when someone won't be working for over 1 year for the company and is costing them money.

If you have house insurance see if there is legal cover on it and you maybe able to use that or phone CAB because for you this is serious!

AP007

gtom wrote: »

2 and a half years.

AXA who are handling the Occ Health have told them September return date in a Management Advice Letter with no adaptions or changes need to facilitate my return and only that I am likely covered in their opinion by the DDA

I've had no warnings or contact from the business aside requests to attend Occ Health

A wild stab in the dark they have not acted ilegally if you have been replaced with no contact about this.

gtom

Takeaway_Addict wrote: »

No warnings for capability like this (such as verbal, written etc). They need to follow a process as they could end up in a tribunal for discrimination but it seems to me that by going to OH twice and being told that the time for return is still some time of that they are looking to dismiss.

Whether its fair or not thats upto the tribunal but its understandable for companies to act when someone won't be working for over 1 year for the company and is costing them money.

If you have house insurance see if there is legal cover on it and you maybe able to use that or phone CAB because for you this is serious!

I'm currently not receiving sick pay and am fortunate to be in a position where I can be supported by my partner, so I'm not costing them any money at all.

I understand their need to move on as a business but I will be back in September, earlier if a planned operation goes well.

I really don't wish to take ill health retirement as they are planning to suggest as I'm going to be perfectly capable of working shortly