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Ben Jones
Ben Jones, Solicitor
Category: UK Law
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Experience:  Specialist in UK Law with expertise in UK Employment Law
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can a person be made redundant whilst on sick leave

Resolved Question:

can a person be made redundant whilst on sick leave
Submitted: 4 years ago.
Category: UK Law
Expert:  Jo C. replied 4 years ago.
-Could you explain your situation a little more?
Customer: replied 4 years ago.

my employer has informed me that they have restructured the company and my job is being taken over by the chairman iam having my 2nd redundancy interview today tomorrow i have to attend my doctor who has informed me i have to have time off due to results of a recent blood test

therefore i would like to know where i stand regarding my rights with the redundancy issue

thank you

Expert:  Ben Jones replied 4 years ago.

Hi

 

Unfortunately you can be made redundant whilst on sick leave. The only employees that are protected are those that are on maternity leave and they would get preferential treatment.

 

Nevertheless, if your employer wants to hold a consultation meeting with you whilst you are off sick, then you have the option of asking them to postpone it, or hold it over the phone, or even send you details by post. As long as you are aware of what is happening at the meeting and there is evidence that some sort of meaningful consultation has taken place then your employer has fulfilled its duties. However, if all meetings go ahead in your absence and you are not properly consulted, even if you have made attempts to postpone hearings, etc, then your employer may have failed to consult properly with you and you may be able to claim some sort of compensation from an employment tribunal.

 

But if you feel that you have been treated unfairly and are concerned about your employer's behaviour then you can raise a grievance to officially voice your concerns.

 

Please press the ACCEPT button to proceed. You would then be free to ask any follow-up questions you may have. Thank you.

Ben Jones, Solicitor
Category: UK Law
Satisfied Customers: 38384
Experience: Specialist in UK Law with expertise in UK Employment Law
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