Can i be made redundant whilst on sick

[Dover30]

HELP

I've been on sick from early December after having an operation. I have had letter from employer asking me to go into work to discuss the structure of the business and how this WILL affect my employment.

I could be wrong but feel this will be to let me know they are letting me go. It's a small business and I have only been there for 13 months?

Any advice would be much appreciated - can I be made redundant whilst I am on sick

Cheers

Yes you can is the short answer, however they wouldn't need to make you redundant if you have only been there for 13 months, they could just let you go (as long as it isn't for a discriminatory reason).

Would y
They have to wait until I have been given the go ahead to return to work. My consultant hasn't give me the go ahead to go back yet

No they don't have to wait for you to come back, no. Is your absence disability-related? If so, and if you felt this was a reason/the reason for dismissing you, that would be slightly different.

Yes. It has happened to my friend

Yes they can make you redundant while on sick leave. As long as it's genuine redundancy and not related to you being off sick.

If you have only been there 13 months, they can terminate your employment anyway, without having to make the role redundant.

Actually yes I missed the 13 months bit.

They can actually sack you for no reason at all unless you've been there 2 years.

"They can actually sack you for no reason at all unless you've been there 2 years."

Not quite. There's a whole list of reasons they can't just sack you for, including disability-related sickness absence, so if the OP's sickness absence is because of a disability and she has reason to believe this is all or part of the reason for terminating her employment, she could certainly challenge the decision (if that is in fact what happens).

Excluding sex disability or race reasons

I have had letter from employer asking me to go into work to discuss the structure of the business and how this WILL affect my employment.

It doesn't mention anything here about it being for disability or sickness reasons, it says the 'structure of the business'.

Yes of course they can. They are perfectly at liberty to restructure their business to meet market needs and ensure profitability and eliminate any position they see as superfluous. In addition as you are there only 13 months your rights are restricted, as long as they can prove they are not terminating uou due to discrimatory purposes then they are free to do it.

They can definitely make you redundant, and no they don't need to wait til you go back to work. If your illness is in relation to a disability you might be able to ask for some adjustments in how they manage you through the consultation period, for example not expecting you to attend workplace meetings, but finding other ways to relay information to you which respects your current health situation and any limitations you may have. But no, being sick doesn't automatically remove you from the redundancy pile, otherwise I'm sure a lot of people would get signed off to avoid losing their jobs.