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Went off sick came back and job role has been given to someone else

Ella_fella
Ella_fella Posts: 164 Forumite
Eighth Anniversary 100 Posts Name Dropper
edited 1 November 2021 at 4:24PM in Employment, jobseeking & training
I was off sick from work for about 2 months from the middle of August to the middle of October due to work related stress and depression, currently am undergoing a phased return to work. Have been at the company for less than 2 years.

Query I have is that towards the end of my time absent I received a phone call at home from the site director apologising for having to have this conversation on the telephone but he was going to announce tomorrow that one of my peers was going to be doing my contractual role on a permanent basis and he didn't want me to hear from a 3rd party.

I asked what I would be doing then and he was very vague and said that I would be covering a role vacated by another member of staff when I was absent. I asked if I was going to put back to my own role eventually and the answer was probably no.

During my phased RTW I read an email from the site director to the person whose job I would be taking over from and it said I would be doing this in an ACTING role which was the first I was made aware of this. 

I haven't had an updated employment contract or anything in writing so not quite sure how this all works to be honest, the Director sat down with me last week to discuss how I was getting on in my phased RTW and he mentioned that after about 6 months we'd sit down and see whether the arrangement works for me and the company which made me very anxious quite honestly.

Any comments or observations regards my current situation would be gratefully received. 


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Comments

  • Sandtree
    Sandtree Posts: 10,628 Forumite
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    So you say you are now in your phased return back to work... what job are you doing?

    A "change in role", using the widest possible term, doesnt always necessitate new contracts etc 
  • Sandtree said:
    So you say you are now in your phased return back to work... what job are you doing?

    A "change in role", using the widest possible term, doesnt always necessitate new contracts etc 
    I'm doing the role that was vacated by another manager that moved jobs when I was off work on an acting basis
  • Brie said:
    given that you have been off due to work related stress would you want to come back to the same role? Either the job wasn't right for you or the team/manager were not the best match.  It sounds like they are doing their best to keep you employed.
    My line manager was removed from the business when I was off sick after 4 staff whom also reported to him handed their notices in citing the same reasons as I did when I went off sick - bullying, increasing pressure on direct reports without helping, not listening to concerns etc.
  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    Sandtree said:
    So you say you are now in your phased return back to work... what job are you doing?

    A "change in role", using the widest possible term, doesnt always necessitate new contracts etc 
    I'm doing the role that was vacated by another manager that moved jobs when I was off work on an acting basis
    Is it material different? Are you happy enough doing it?

    Last time I worked in Operations all Team Managers had exactly that in their job title of their contract and the role descriptions were almost identical if it was Sales, Service, Claims, Accounts Receivable, Accounts Payable etc. Someone moved from one to other doesnt need a new contract.
  • Undervalued
    Undervalued Posts: 9,803 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Bradden said:
    They sound like a decent employer.. they could potentially terminate your employment as you have under two years service.
    Indeed.

    OP, unless your illness amounts to a disability (for employment law purposes) as Bradden say you have little protection so are relying on the employer's goodwill I'm afraid. Even with a disability the protection is limited to "reasonable adjustments".

    Generally (it is hard to be specific) the condition you describe is unlikely to be a regarded as a disability, at least not yet. 
  • kimwp
    kimwp Posts: 3,420 Forumite
    Fifth Anniversary 1,000 Posts Photogenic Name Dropper
    I would say your company sounds pretty good- your director has been (rightly) considerate in contacting you to let you know what was happening and they have got rid of the bad manager. The fact that "acting" was a surprise was probably a miscommunication where the director thought they had made that clear to you by saying you were covering the role and you hadn't picked up on it. The fact that they have made it "acting" and said they would review to see if the setup suits both parties I see as a very positive thing - they are trying to make sure that you are not tied to this position in case it doesn't suit you. The fact that they talked about also seeing if it works for the company is just business - if you do a bad job, it doesn't make sense that they would keep you in the role. But it sounds to me that they would be more likely to offer you a different role than let you go. I know it's difficult, but it will benefit you if you can not worry about it. A practical thing you can do is ask what will be considered in that review so you can work on those, but honestly it sounds like the not-great manager has skewed your expectations to the extent that the review meeting feels like a bigger deal than it is, I would just concentrate on looking after yourself from a health aspect and doing a good job at work.
    Statement of Affairs (SOA) link: https://www.lemonfool.co.uk/financecalculators/soa.php

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  • Marcon
    Marcon Posts: 15,439 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    I was off sick from work for about 2 months from the middle of August to the middle of October due to work related stress and depression, currently am undergoing a phased return to work. Have been at the company for less than 2 years.


    Any comments or observations regards my current situation would be gratefully received. 


    As others have said, they sound a really decent employer - 2 months off sick when you've been there for under 2 years and they are clearly trying to keep you (which suggests they value you enough to make the effort, which is a huge plus point).



    I haven't had an updated employment contract or anything in writing so not quite sure how this all works to be honest, the Director sat down with me last week to discuss how I was getting on in my phased RTW and he mentioned that after about 6 months we'd sit down and see whether the arrangement works for me and the company which made me very anxious quite honestly.



    Stress and depression don't make you feel great, and almost anything can make you feel anxious, upset etc. The suggestion of a review after 6 months seems not just fair, but suggests an employer who is doing their utmost to give you plenty of time to re-settle and find your feet. 
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Brie said:
    given that you have been off due to work related stress would you want to come back to the same role? Either the job wasn't right for you or the team/manager were not the best match.  It sounds like they are doing their best to keep you employed.
    My line manager was removed from the business when I was off sick after 4 staff whom also reported to him handed their notices in citing the same reasons as I did when I went off sick - bullying, increasing pressure on direct reports without helping, not listening to concerns etc.
    Summary.

    You went off sick because of the line manager.
    4 people left because of the line manager.
    Line manager has been removed.

    The business went from 1 down to  5 down in less than 2 months.

    I would expect some restructure to get essential jobs done with 5 people missing that may have included someone picking up your role if it was important.

    Now back to just 4 unless there has been some recruitment, there are gaps and they have slotted you into one.


    Phased return  looks to be on track, they are finding you something and leaving some flexibility to review and change if this is not suitable.

    Is the job you have taken over similar in level to the one you were doing?

    Any reasons that what you are doing now or could be doing is any less desirable than what you were doing previously.


    Have they filled the previous line managers position yet?


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