Redundancy and long term ill health 13 February 2021 at 3:02PM in Redundancy & redundancy planning 5 replies 348 views

Vibgirl

I have been signed off with ill health since feb 2020.  I have now been advised my team are being made redundant.  I have exhausted statutory sick pay and have received no salary since September 2020.  1  How will my redundancy pay be calculated, will I not get any because I am not receiving any salary? Also my contract does state employee redundancy is 2 weeks for every year, or can they get away with just statutory redundancy pay because I am on zero salary due to sickness and exhausted statutory sick pay?

2. They have offered alternative job in another department.  Will I lose redundancy if I refuse to accept it.  I am still on long term sick, with doctors fit notes.
Any advice would be appreciated.

lincroft1710

What is the reason for you not wanting to accept employment in another department?

Vibgirl

I would need to learn new tasks.  I am long term sick with chronic pain and mental illness so to have to learn new tasks would cause me additional pain, and anxiety.

Undervalued

Vibgirl said:

I have been signed off with ill health since feb 2020.  I have now been advised my team are being made redundant.  I have exhausted statutory sick pay and have received no salary since September 2020.  1  How will my redundancy pay be calculated, will I not get any because I am not receiving any salary? Also my contract does state employee redundancy is 2 weeks for every year, or can they get away with just statutory redundancy pay because I am on zero salary due to sickness and exhausted statutory sick pay?

2. They have offered alternative job in another department.  Will I lose redundancy if I refuse to accept it.  I am still on long term sick, with doctors fit notes.
Any advice would be appreciated.

Very likely I'm afraid.

You have no "right" to be made redundant, in fact the employer has a duty to do all they can not to make you redundant.

However, given the length of time you have been off sick the firm could well move towards terminating your employment on capability grounds, in which case your only entitlement would be to paid notice and any untaken holiday. 

That is not to say they will do that, they might as a gesture of goodwill almost include you in the redundancy plans. However as I see it you are not in a strong position to argue about the level of redundancy entitlement. If they are sensible anything they do offer you would be in the form of a settlement agreement to block the potential for any further claims.

avawat20

Vibgirl said:

I would need to learn new tasks.  I am long term sick with chronic pain and mental illness so to have to learn new tasks would cause me additional pain, and anxiety.

Not good enough - they can offer the training which is reasonable for them to do and I assume offer other reasonable adjustments to assist with this. If OP won't even engage in conversation and use this wording then there isn't much of a leg to stand on. Unless OH agree and you are deemed fit for I'll health retirement.

avawat20

1. Redundancy pay based on your length of service and whatever else your organisations policy says.
2. Yes. If you unreasonable refuse it then you could forfeit right to the payment. Check your organisation's policy.