Will hospital stay impact on DH being managed out ?

[Liveinthepresent]

Will try to be brief but it’s hard !
DH has worked in his company 3 years.
They are reducing senior heads quietly as need to cut costs.
He has been tipped off by a friend who recently left that he is next .
His line manager has tried various routes such as challenging his likelihood of hitting targets, claiming his main client work is a secondment ( to aid redundancy ?) and is now making unsubstantiated claims
His work is under par. So far based on my own role as a (newish ) line manager I don’t think they have any concrete grounds for a ‘legal ‘ dismissal . They don’t like doing pay offs.
His boss said at the last meeting he is seeking HR advice on ‘options ‘
My latest concern is that he has an operation next
Month that could mean a week in hospital and 4 weeks not driving - this will inevitably impact on his activity to some extent he hopes to work from home If possible - will
This make it easier or harder for them to make a move to manage him out in some way ?
What can he do to protect himself if anything ?
Thanks for any input

Am bumping as my post may be too long but really keen for advice from any HR people ! TIA

I’m surprised that his boss has said that they are ‘looking for options’ to manage him out, this could be good ammunition for your DH in any future tribunal/settlement negotiations, as if they do dismiss for whatever reason then this makes it perfectly clear that the dismissal reason is not genuine and therefore unfair. The multiple previous attempts that you referenced have the same effect potentially.

They do have grounds for a ‘legal’ dismissal - redundancy. If they need to cut costs then it’s perfectly reasonable to restructure and cut some senior posts in order to do this.

Is he on a particularly high salary, been there for a long time, or have a contractual right to a large redundancy payout? Just trying to understand why they wouldn’t take that route.

I’m not sure how the hospital stay would make any difference, if they are set on getting him out then they’ll be making moves either way I guess. I don’t see how they could use that as a reason for dismissal.

I think the best way to protect himself is to keep a really good paper trail, as well as notes of any verbal conversations that he has (particularly that one about looking for options). I think it’s probably also a good time for him to have a chat to an employment solicitor.

Sorry if that was a bit of a brain dump! Trying to type before the baby wakes up!

If management is looking for reasons to dismiss him, I.e take him down the disciplinary route for under-performance, hinting that he's "under par", given his service duration of 3 years, they will have to formalise it according to their company policy and process which is:

• First informal verbal warning with specifics on aspects for improvement, then after a period of time, if improvements have not been made,
• First written warning, formalised with a PIP (Performance Improvement Plan).

-Final written warning before actual dismissal.

If they haven't even started this process then it puts them at risk if they take action along disciplinary lines.

If they go for redundancy, then he needs their confirmation of the details, including the fact his role is being eliminated etc. If it's all so vague, until they actually declare their intentions, all he can do is watch and wait.

As regards the hospital appointment, it's impossible to say how that might influence their decision making. It shouldn't under normal circumstances but it sounds like they aren't being transparent or communicative, so there's little to be gained by speculating. If he needs the procedure, his health comes first always, and he should seek approval for absence in the normal way. It won't make it any "easier" for them to dismiss him, if all it includes is 1 week in hospital and 4 weeks working from home.

It would be worth his GP giving a Fitnote to validate the recommendation for him not to drive. If they really get difficult and insist on him being at work (and he is up to sitting in the office) could he get a taxi 1 day per week to show willing?

Most importantly @Liveinthepresent tell your DH not to worry about what he doesn't know and they haven't confirmed. The most important thing is for him to get through his treatment and get better.

He has legal protection due to his 2+ years' service. If he is in a Union, it would be worth him sharing his concerns with his Rep, if only to put his mind at rest before the hospital appt.

Thanks so much for the replies both of you.
@YakkityYakYakYak sorry I haven’t put everything into the OP but redundancy yes is probably the preferred route but he is responsible for delivering some key work for a client in the next few months so we think that they would find it very hard to do that quickly- and wouldn’t be able to resource it without him really .
His boss seems nervous and unsure when they meet - he has been asked whether he would become a consultant to deliver for the key client but again I don’t think they should be suggesting this at all !
Thanks for reassurance on the op - he is very stressed by it all as we have other family members unwell to worry about too . He has notified the line manager and HR about the op but I am just worried that they will somehow use it against him ( even if they shouldn’t !)

@daisychain01 thanks for your comments you are right health comes first - the stress of this is huge though so I worry about his mental Wellbeing too.
The other reason we are going for the op is that he has private healthcare which we will lose as soon as the job goes.