Voluntary redundancy whilst on sick leave

rkids666

Hi,wonder if anyone has any advice on the following please??
My employer has issued a notice asking for voluntary redundancies,I'm wanting to apply but I'm wanting to know how I stand as I'm currently on long term sick leave due to an ankle operation.
In short,I want to know if my employer still has to legally consider my voluntary redundancy application even if I am on sickness leave???
I've spoken to the CAB and they have told me that they think my employer would have to consider all voluntary redundancy applications regardless of currently on sick leave or not,just wondered if anybody had any experience of a similar situation.
Thanks!

Takeaway_Addict

Voluntary redundancies are a misnomer, it is effectively a settlement agreement between the two parties and as such the employer does not have to accept your request or even consider it.

More than likely if they think they can dismiss you via capability procedures they might look at doing this or if you have been there a long time you might be to expensive to pay off.

rkids666

The sickness leave and operation is as a result of an industrial injury at work,I have a personal injury case with a solicitor and my employer has admitted 100% liability?I'm guessing it wouldn't show them in a very understanding/favourable light if they were to dismiss me on capability grounds as it's because of their neglect I'm currently off.
I completely understand they have a choice as to whether to accept any voluntary redundancy request,but I wondered if the CAB were correct in stating I have the right to apply&be considered even tho I'm on enforced sick leave.

getmore4less

The issue you have is that any loss claim for the injury could be comprimised by the voluntary termination.

You could could cap their losses to the termonation date and potentialy the package could be included as that also mitigates the losses.

I think the CAB/Sick are not relevent in practice they don't have to justify their choices anyway.

Takeaway_Addict

rkids666 wrote: »

The sickness leave and operation is as a result of an industrial injury at work,I have a personal injury case with a solicitor and my employer has admitted 100% liability?I'm guessing it wouldn't show them in a very understanding/favourable light if they were to dismiss me on capability grounds as it's because of their neglect I'm currently off.
I completely understand they have a choice as to whether to accept any voluntary redundancy request,but I wondered if the CAB were correct in stating I have the right to apply&be considered even tho I'm on enforced sick leave.

In short I would say no.