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