Redundancy after long term sick

[Hazynomore]

I've been suffering from depression for a long time, last year I was really bad and I finally had to admit to myself I needed help. I'm on anti-depressants now and having counselling which has really helped. I had been off work for 5 months and in May started the back to work process. Obviously while I was off people had to cover for my role and while I was off quite a few changes were made which has improved service.

Yesterday was my first full time day, and at 3pm I was asked into the MD's office. Basically he has told me that my role is being considered for redundancy because while I was away they realised that the could manage without me.

I've decided not to contest it because I actually think a new start would be very good for me but are they allowed to do this? I know that 2 current members of staff will need to take on extra responsibilities in order to cover the very basics.

Absence is one of the factors that we take into account when considering redundancy. Unfortunately, if your role was adequately covered by other members if staff, with no extra resource, I think you're on shaky ground.

I'm sorry - on top of depression, this must be a blow. Try not to let it get you down.

I think you're right, although only the basics were being covered. However if I hadn't been off ill I don't think they would have been thinking of making me redundant.

I'm going to view this as a new opportunity and to reassess life.

Unfortunately one of the risks that comes with taking extended absence of any kind (including maternity leave, a sabbatical or anything) is that your employer might realise they can manage without you.

If there were, say, 3 sales administrators and through your absence your employer realised they could manage with only 2, then making you redundant because of your absence would not be fair - they'd need to have a proper selection process and although attendance rate could be considered as a factor, just basing it on that wouldn't be fair, and they'd also have to be careful the absence wasn't disability-related.

However, if you were the only sales administrator, and through your absence they realised that the sales managers could do some of their own admin, some of it actually doesn't need doing at all, and some of it will be covered by a new super-whizzy IT system, then only considering your role may well be perfectly fair.