Family member got promoted to 5-month senior post but then had transplant

northernlass29876

A family member just started a new 5-month senior role at a local authority but then 8 weeks in, was called for a transplant which they had been on the list for and this was known to the organisation. What are their rights?

sammyjammy

Her rights in regards to what exactly? I assume by 5 month senior role you mean she started five months ago.  If your question relates to sick pay then she will need to look at the authorities handbook.

northernlass29876

No I mean the post was a 5-month post.

By rights I mean should the authority pause the job duration until they're back to work, or does the clock keep on ticking.

Hoenir

The job still needs to be filled and the work performed. 

Grumpy_chap

I am not sure what you mean by "5-month" post.

If you mean covering the other role for, say maternity, then the clock cannot be paused as the other individual will return (presumably) at the end of the 5-month period.

Brie

It's going to depend on the role I think.  If it's something that is leading up to an event in February and she's unable to work then they need someone to take her place.  If it's something that is a very specialised bit of work that only she can do and there's no absolute deadline then they may be happy to pause.  The first would mean that she may well not have a job to come back to, the second she would.  

But with only 2 months with any organisation rights are severely limited.  The authority is legally ok to say "changed our minds, here's your notice period pay, goodbye".  This is always the issue with short term temporary contracts.  

Jude57

northernlass29876 said:

No I mean the post was a 5-month post.

By rights I mean should the authority pause the job duration until they're back to work, or does the clock keep on ticking.

It depends on why the job duration is 5 months. It could be impossible to pause it. If it's to cover, say, maternity leave or sickness absence and the substantive job holder will return at the end of 5 months, it's unlikely that the Authority will continue to pay your relative at the higher rate when the person is back in the post. In that case the clock keeps ticking, as it would in the case where, for example, funding is only available for 5 months. It's also possible, if it's a crucial post, that the Authority will need to put someone else in the post and rescind your relative's temporary secondment. I'd doubt the paperwork guarantees that nothing at all can change for the duration of the secondment because, of course, things do change, without anyone being in any way at fault.

You seem to be asking if your relative has the right to be paid for five months at the higher rate. I'd say the answer is probably that, no, they don't have that right, unless the paperwork sets that out specifically - and I doubt it will.

Once your relative is recovering at home, they would need to ask their employer because, frankly, the employer is the only one who can give an answer.

TELLIT01

If a role is required to remain in operation for a 5 month period then somebody else will have had to take that role on.  Has the person who had the transplant worked for the organisation prior to this 5 month role?  That could make a massive difference to any employment rights they may have.

northernlass29876

TELLIT01 said:

 Has the person who had the transplant worked for the organisation prior to this 5 month role?  That could make a massive difference to any employment rights they may have.

Yes they have.

Thanks for all other responses so far.

Marcon

northernlass29876 said:

A family member just started a new 5-month senior role at a local authority but then 8 weeks in, was called for a transplant which they had been on the list for and this was known to the organisation. What are their rights?

Great news about the transplant. Hope all goes perfectly and your relative makes a quick and full recovery.

As to the job, it depends entirely on the terms of their current engagement. If the job needs to be done, then the employer isn't going to have the option to 'pause' the contract - and possibly the family member might not want the pressure of knowing they've got to get back to work by a certain date.

Elliott.T123

It will depends on what their contract is.

If the contract is a fixed term contract with a specific end date then no nothing will be paused, they will end on that date (unless a new contract is sent out).

If they are being paid to complete a piece of work that was estimated to take 5 months but the contract is focused on the work then yes they may well pause it.

Having re read the thread I think what has happened is that your family member has worked for the company for a while and has been given a new role for 5 months as a "promotion" or secondment I am assuming to cover someone that is off for one reason or another?

If that is the case then no the company does not need to hold the timing as they will have someone coming back to do the role at the end of the 5 months. 

What money your family member will be paid will depend on the company sick pay policy but I would expect them to receive the pay for the higher grade role for as long as the company policy pays out.