My Job Advertised Whilst I'm Off Sick

Takeaway_Addict

gtom wrote: »

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

Wrong! As you are employed you are costing them holiday pay which if you are dismissed you are entitled to...hence you are costing them money.

As I said you need to get proper advice on this because this is a serious situation for you.

AP007

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!

Oh I thought if you were off sick they have to give you warnings etc

Dogger69

I would expect the letter you are to receive will be an invite to a capability meeting. Have you had any meetings (with HR) to date?

Do you have a copy of the sickness absence policy?

gtom

Many thanks to everyone who has responded.

I have managed to speak to the HR Specialist for my region. She told me that my job was being advertised as a permanent position however I would remain in employment until further notice.

The company are considering the ill health retirement route but not dismissal on capability grounds. The letter I am a receiving is a further Management Advice Letter from AXA PP Healthcare.

As to questions, I've had no meetings over my sick record and my company sick policy simply states they defer to OH in long term sickness matters

Takeaway_Addict

gtom wrote: »

Many thanks to everyone who has responded.

I have managed to speak to the HR Specialist for my region. She told me that my job was being advertised as a permanent position however I would remain in employment until further notice.

The company are considering the ill health retirement route but not dismissal on capability grounds. The letter I am a receiving is a further Management Advice Letter from AXA PP Healthcare.

As to questions, I've had no meetings over my sick record and my company sick policy simply states they defer to OH in long term sickness matters

Good news then and thats why you needed proper advice

Funky_Bold_Ribena

gtom wrote: »

Many thanks to everyone who has responded.

I have managed to speak to the HR Specialist for my region. She told me that my job was being advertised as a permanent position however I would remain in employment until further notice.

The company are considering the ill health retirement route but not dismissal on capability grounds. The letter I am a receiving is a further Management Advice Letter from AXA PP Healthcare.

As to questions, I've had no meetings over my sick record and my company sick policy simply states they defer to OH in long term sickness matters

Do you want to go back to your job here?

gtom

Funky_Bold_Ribena wrote: »

Do you want to go back to your job here?

Well I would like to. I hate being off work!

Funky_Bold_Ribena

gtom wrote: »

Well I would like to. I hate being off work!

So what are you going to do when you go back and someone else is doing your job - permanently?