Ill health and returning to work, where does my wife stand?

I'm sorry, but yes - if there is no other role that she can do, they would be lawfully able to dismiss her. Her protections from maternity leave only cover her going back to her existing role. The change in her health means she can't do that, so her legal rights are frustrated.

She needs to ask about sick pay entitlement if there is no post for her to go back to inJanuary, because the terms of her contact may impact on this. But if her health condition means she is unfit for her job she will have to ask the GP for a fit note when she is due to return. This would be her responsibility as it is she who says she isn't for for work - not the employer saying she isn't. And she would remain sick until they find another role for her or dismiss.

I should also point out, in case it isn't clear, that they no longer have to find her a role with the same pay and terms. That right ended when her inability to return became a health condition and not maternity, so they can offer her any role she is capable of doing at any level of pay. This is not redundancy either. At best, if she is dismissed, she will possibly get her paid notice period - that depends on the terms of her contact and her length of service.

I'm afraid it's likely to be vague nectar this is an uncommon situation, and HR won't know if they can offer a solution yet.

Lungboy wrote: »

Thanks very much for the reply. My wife has been assessed as being able to go back to her job from a medical perspective, but the company are unable to make the required changes to the role to enable my wife to return. Does that change anything?

Only in so far as, if her condition qualifies as a disability (not all health conditions do), then the employer has to consider those adjustments, but they can refuse them if they don't deem them reasonable. That would mean that she might have a claim for discrimination. Who has assessed the adjustments, what are they, and why have the company refused them? Why can't she return to her job without them?

Lungboy wrote: »

I've no idea who assessed the adjustments, I'd guess OH or HR. I haven't read the final report from the Dr that assessed her needs, but I think my wife said they said she needs access to a toilet at very short notice. As she spends hours on the road collecting water samples that's not really feasible.

If that is the sum of it, then it is highly unlikely that will be a disability. But the employer is correct - there isn't really a dignified reasonable adjustment they can make, so I'd expect that my previous comments would stand. They should do their best to find her a job, but it wouldn't have to be on the same terms. And if they can't find one, it would very likely be a fair dismissal.

Lungboy wrote: »

She's bottom grade already so the terms and pay can't get any worse, other than not being permanent. Fair enough about the dismissal being OK. I guess my question was more about what happens in the interim after her maternity leave ends, as she's not going back to her post but we don't know how long HR will take to find her something new (if at all). Is she still technically under contract? Is she entitled to pay of any kind? Those kind of issues are where we are having difficulty finding answers.

It would be as I indicated. When her maternity leave ends, if there is no other employment she will require a fit note signing her off from her GP. What she is then entitled to is sick pay - statutory or contractual if available. Assuming she qualifies, which I'm not positive she would - but I'm no expert on SSP as I seldom deal with it. I don't know how the pay aspect of maternity leave impacts on SSP because she'll have been on reduced income.