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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 44335
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I have been off sick coming up to 5 years. I was on a

Customer Question

I have been off sick coming up to 5 years. I was on a dissability insurance scheme, but they have said that they no longer think that I am unfit for work. I know that everyone in my department have been made redundant - there is no department. I was not made redundant as I was off sick. they now want to hold a meeting to discuss next steps. Can I say that I am now better and fit to go back to work to get the redundancy? They have mentioned that a possible outcome is 3 months redeployment. Would I be entitled to holiday pay from the 5 years that I was off sick?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: uk - middlesex
JA: Have you talked to a lawyer yet?
Customer: no
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 3 months ago.
Category: UK Law
Expert:  Jo C. replied 3 months ago.

Are you saying that you have been off sick for five years? Not sure if i have misinterpreted?

Customer: replied 3 months ago.
Customer: replied 3 months ago.
Expert:  Ben Jones replied 3 months ago.

Hi there i have been asked to look into this but was not online earlier, whilst you can try and state you are now fit to return to work to try and be made redundant, there is no guarantee that it will materialise. What could happen is that you say you are fit to return, they get you back in to work and then instead of making you redundant they offer you suitable alternative employment. The issue with that is if the offer of alternative employment is considered suitable and you unreasonable refuse to take it, you would be deemed to be resigning rather than be made redundant. So it will all hinge on what has been offered to you and whether it can be considered suitable.

In terms of the holidays whilst you were off sick, yes you should have been allowed to accrue these over the years and be entitled to take them either on your return or if you leave – to be paid for them. This is following some case law on the subject, such as the Stringer and Pereda cases.

This is your basic legal position. I have more detailed advice for you in terms of the law n determining the suitability of alternative positions, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 3 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 3 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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