To ask where my mum stands? Employment one

[NCforThisO1]

Not a BU one but could do with some advice!
My mum went on the sick in November after complications with surgery.

She's still on the sick although her sick pay has ceased.

But now her employers have gained new management and trying to change it all up. They've said to her either she takes up the offer of employment (different job to what she is doing now) or she can take voluntary redundancy!
But 1) she absolutely cannot work right now
2) voluntary redundancy means she wouldn't get anything from UC right? As they'd see it as she left on her own accord
3) should they even have this ultimatum on her when she is still on the sick!??

She's very worried and stressed, her mum sadly passed away two weeks ago and this is just something that I fear will tip her over the edge. She already doesn't buy food as she can't afford it, barely has the heating on or watches any TV to try reduce the amount she's topping up her meters!

She just needs to say that she was made redundant - she doesn't need to mention the voluntary bit and bring the financial details with her P45/redundancy payment with her to UC.

Yes the company have made changes to everybody. They've gone from 55 staff to 40 and want it to be down to 25 by the summer.

I think she will just have to accept the redundancy as she is no way fit for work right now

Thanks all

1. If you're sacked you can't claim unemployment benifit.
2. If you're made redundant, voluntary or otherwise, you can claim benefit after a period commensurate with your redundancy package expires.
3. If she returns to work, even for a short while, her length of sickness absence will start again if she needs to go off sick again.

I'd recommend she either takes redundancy or accepts the new role and goes back to work. She may be able to negotiate a phased/gradual return to work.

”I think she will just have to accept the redundancy as she is no way fit for work right now”

It’s not an either/or situation. If she doesn’t want to accept redundancy she can agree to transfer to the adjusted role. She will still be off sick, so it will make no practical difference to anything.

She doesn't have to accept redundancy op. She can accept the new role. And still be off sick.

The two things are not related.

The company restructuring and her sickness and you need to separate the two in your head. There is no demand here for her to come back to work now. She can stay off sick and accept the new role. Which means if and when she goes back she goes back to the new role.

She couldn't manage the new role though, it's a whole different ball game to the one she was doing before. And is only 8 hrs a week so a massive pay drop.

I think right now its just easier for her to accept it and then have months at home resting/trying to get over the surgery and then either go on early retirement or try and find another job.

That might be the best plan. Hope she makes a full recovery.

It possibly is best, as if she's not going to be back at work any time soon, then at least she gets the redundancy payment, where as if she gets to say a year off they may move to capability termination, and she would not get that money.

Try not to let her think the company is doing something bad or it's personal about her though, as it seems that's not the case, it's a major reorg and she is one of the ones they have tried to keep. Others have lost their jobs.

Oh no I know it's not personal and I think deep down she knew that she wouldn't be able to stay employed forever and although she had notice back in March about this, we didn't realise her mum was going to end up passing away.

But her job was the only thing keeping her alive tbqh. I fear for what she'd try knowing she will lose touch with those friends, even taking in her sick lines meant she was keeping in touch and got her out the house for an hour or two on her good days.

Depending on how many hours your mum has worked before being sick she may be entitled to claim new style ESA, this is different to UC, but you have to have paid enough national insurance to be eligible.