On sick leave and about to be made redundant

CareBear2

I recently had an operation and have been off work for almost 5 weeks, with a little over a week to go before I am fit to return to work. Despite me offering to work from home from the 3rd week, my bosses have declined this, and they are not paying me my regular salary - but instead, I am being paid statutory sick pay for the entire duration of my convalescence.

I recently have reason to believe that my bosses are looking to make me redundant and want to meet with me during my statutory sick leave.

So, my questions are:

1.
Am I obliged to meet with them during this time, even though they are not paying me my regular salary? Can I decline the meeting, stating that I will chat to them on my return instead - which is in just over a week's time?

2.
Are they allowed to make me redundant whilst I am off on statutory slick leave?

3.
If they can make me redundant during this time, would they be obliged to pay me a full month's salary (due to the month's notice as per my contract), or would they get away with a week that remains of my SSP and then only 3 weeks of my regular salary?

Any thoughts/advice would be greatly appreciated!

getmore4less

How long have you worked there?

CareBear2

On May 8th it will be one year

Big_Tree

They can make you redundant tomorrow if they want I'm afraid...

Taking 5 weeks off in your first week is a bit much tbh, I can understand why they would let you go.

CareBear2

BigJockKnew wrote: »

They can make you redundant tomorrow if they want I'm afraid...

Taking 5 weeks off in your first week is a bit much tbh, I can understand why they would let you go.

Hi BigJockKnew. That's a really mean thing to say. The operation wasn't a choice - I had to have it. I'm sorry that you felt the need to post something so harsh without any background knowledge.

Big_Tree

CareBear2 wrote: »

Hi BigJockKnew. That's a really mean thing to say. The operation wasn't a choice - I had to have it. I'm sorry that you felt the need to post something so harsh without any background knowledge.

It's not a mean thing to say, it's an honest assessment of your position.

If an employer can get away with letting someone go that is going to take long periods off on the sick, they will take it I'm afraid.

It is harsh, but it's the reality of your situation.

fed_up_and_stressed

Redundancy is when the post no longer exists i.e no one would be doing that role. Dismissal for capability purposes means the job role still exists but you are not capable of fulfilling your contractual obligational of the role.

getmore4less

OK back to the real questions.

they can let you go, less than 2 years service,

Being on sick makes no difference other than they may want to talk to you before making it final(giving you a chance) by refusing to talk you may be securing your fate.

Pay. (the reason I asked for how long you had been there)

From the date of being given or giving notice it is normal to return to full pay(it's in the employment act).

However there is a get out clause as this only applies if the contractual notice(month) is not a week longer than the statutory notice(week) which I is.

Go for the full pay for the notice period and hope they don't know about the get out.
(and hope thye don't read this)

CareBear2

Thank you getmore4less - really appreciate the helpful feedback.