Long term sick + need to interview for old position

JB32

Hello, I am looking for some advice please. Five years ago I went off work with depression. My employer, a large financial services company, had me relinquish my position, but kept me in their service for employment and pension purposes. I have had a meeting with Occupational Health and they have determined that I am fit for work subject to adaptions. Work have advised me that my old position is available but that I need to interview for this? I cannot see anything in my contract or other relevant work documents to support the need for an interview for my old position. Does anyone know the legal position on this? Or, is this a company decision?

Emmia

Have they told you what will happen if you refuse? 

Savvy_Sue

It doesn't seem entirely unreasonable to ask you to interview for a position after you've been away from work for 5 years. Also, have you asked if it is a competitive interview (against other candidates), or an interview to check that the position remains suitable for you? 

Also remember than an interview is a two way process. It would give you the chance to ask them, eg if the adaptations will be in place from the start, whether you can have a phased return, what training will be available to ensure you are up to speed with any chances in custom and practice etc. 

Are you in a trade union? 

Grumpy_chap

JB32 said:

Hello, I am looking for some advice please. Five years ago I went off work with depression. My employer, a large financial services company, had me relinquish my position, but kept me in their service for employment and pension purposes. I have had a meeting with Occupational Health and they have determined that I am fit for work subject to adaptions. Work have advised me that my old position is available but that I need to interview for this? I cannot see anything in my contract or other relevant work documents to support the need for an interview for my old position. Does anyone know the legal position on this? Or, is this a company decision?

Following an extended period of sickness absence, it is common (and good) practice to have a return to work interview.
Given the very extended period of your sickness absence, the employer may wish to assess your skills have been maintained at the level they were five years ago.  It would be no benefit to you or the employer if you returned to your old role and underperformed.

The above is my view, I have no idea what the legal position is.

Undervalued

JB32 said:

Hello, I am looking for some advice please. Five years ago I went off work with depression. My employer, a large financial services company, had me relinquish my position, but kept me in their service for employment and pension purposes. I have had a meeting with Occupational Health and they have determined that I am fit for work subject to adaptions. Work have advised me that my old position is available but that I need to interview for this? I cannot see anything in my contract or other relevant work documents to support the need for an interview for my old position. Does anyone know the legal position on this? Or, is this a company decision?

Had you not been off sick you would no doubt have had numerous appraisals / performance reviews during the five years, so it is certainly not unreasonable of them to want to see how up to date your skills are before you resume.

It is very rare indeed for a company to keep an employee "on the books" for that length of sickness. A year to 18 months would normally be regarded as generous these days and many companies would allow far less.

I would think long and hard before arguing about this.