Sick leave coming to an end - how to move on?

[rockstuckhardplace]

Since 2021, I've had three periods of sick leave, each lasting a few months, for the same condition. During my second period of sick leave, my employer advertised my role externally and did not inform me of this. The closing date was during my sick leave but at a time when they knew I was returning shortly. On my return, they claimed that the advertised role was not the same as the role I was performing (despite identical job title and role description). They then advised me of some additional responsibilities covered by the advertised role that were not in the job advert, which made it a more senior position, but these were responsibilities that I already held. I raised a grievance, which was not upheld. I appealed, providing evidence to substantiate my case in the form of emails, extracts from my performance reviews and extracts from my scorecards. The appeal was rejected. This process (from my return to work to the rejection of the appeal) took about three months. During this time, nothing happened with the advertised role (that I was aware of).

A couple of months later, I unfortunately fell ill again, starting my third period of sick leave, which is ongoing. During this time, the externally advertised role was filled.

I was substantially recovered by Christmas, but I don't really have a job to return to and need to find new employment elsewhere. My GP also feels that it could be detrimental to my health to return to work for this employer and has therefore continued to sign me off for a little longer to give me some breathing space to sort this all out. I should add that my illness is not work-related and I don't need any adjustments in future to enable me to do my job, but I've been through a lot in the past few years, and the stress of the grievance process and effectively losing my job by stealth has been an additional burden I could have done without. I therefore don't want the stress of trying to return to this job. I also have decided that it's not worth bringing a case for constructive dismissal. I just want a clean break and to be able to start afresh and keep my career going.

So I've started job hunting, and I have a couple of interviews secured. I don't want to get too ahead of myself, but do feel that I need to plan for the eventuality of being offered a new role. Conversely I also need to know what I'm going to do if I don't get either of these positions. Ideally I want to move from one role to the other without creating a break in my employment history which I'd then have to explain.

I also have had a standard request to undergo an Occupational Health Assessment. I haven't actioned this yet.

I'd really appreciate any constructive advice on how to handle the situation to get the best possible outcome for me. As mentioned above, I just want a clean break, and I don't want to share my medical history any more as I've felt forced into oversharing with my current employer. I don't know what my employer's reference policy is, so I want them to agree to let me leave with just a basic reference (if that isn't their usual policy anyway) ie one that doesn't reference my periods of absence.

Also, if I don't secure a new role before my sick leave ends, should I resign or wait for them to take action (ie force them to take steps to dismiss me or come to some arrangement?)

Thanks for reading.

I would wait for them to take action. I wouldn't resign.

But whilst I can see how this is distressing for you, they haven't actually done anything, have they? They recruited another person with a similar job description to yours. But they have not, as far as I can see, done anything to REMOVE your job. Creating a second one is allowed. And you feeling that you don't have a job to go back to is not the same thing as not having one to go back to. The job that you had is still there and you can still return to it. So the question I would have to ask is why can you not return to that post when your sick leave ends. Because in the absence of evidence that they have done something wrong - which I am currently not seeing - then the expectation is that your sick leave ends and you go back to work. What they then do may alter the situation, but you won't know until you try it.

Seperately, are you quite recovered from your illness? Because with three substantial periods of absence is would be rather disingenuous to try to hide that from potential employers. Can I assume if asked, because many employers do ask, that you intend to be truthful? Because there are obviously consequences if you are not and they subsequently find out.

As an employer, I would be more than dssapointed if you hid these extended sick leave breaks in the application or interview, and would expect your previous reference to also declare them.
It would be extremely dishonest not to and also you wouldn't last the probationary period if you took extended sick leave.
I would wait until your health needs settle down. You don't mention if it's physical or mental, but either way, you need to be strong and mentally ready to take on any new job. It can take a lot out of you at the beginning.
Focus on healing and start small with a temp job or very part time and build it up is my advice.
If it's office based, can you try out temping? If your ill, then at least you won't have too much of an impact on your career, or the company and it would provide you with an income while you evaluate what you are able (or not) to do.

Totally agree with this.

It doesn’t sound like your employer have actually done anything wrong?

I would have thought if nothing else that you having multiple periods of extended sick leave would have prompted your current employer to “double up” on that area of work to ensure that the work can always get done, even if one of you are off. I’d say that’s quite standard for most businesses anyway, it makes sense to have a couple of people working on things so that workflow isn’t disrupted by annual leave/sickness, even maternity leave etc.

I also agree you should probably share at least some of your medical concerns with your next employer, as if you start a new job and then are off again for months on end you will fail your probation regardless.

@Neriah thanks for your advice.

Apologies for not giving the full picture. I was the senior member of a team of 2, having originally established the department. The new role they've created is intended to be senior to mine, but doesn't include anything over and above what I currently do. So there are now technically three roles in the department, but it is only the intention to have two filled at any one time (my employer told me this). So I've basically been demoted BUT my employer is also currently recruiting for the junior position. That's why I can't see that there's in practice a job for me to return to.

@Neriah @Blankname22 @Mrsttcno1 thanks all for your concerns about my wish to hide my past health issues from a future employer. This is really making me think twice about my approach. It's also making me quite scared, to be honest. For me, it's really important to put myself first - I'm after advice on what is best for me, rather than what's fair on an employer (rightly or wrongly). I'm feeling a bit burnt by how my current employer has treated me, which is giving me trust issues I guess.

Furthermore, regarding whether I'm fully recovered and whether I could temp / work part time: the medical prognosis is positive. I feel that it's in my best interest to give a new role in my field another shot. I will do my best to make it work and if it doesn't, I will have to call in a day on this career sadly. I'm in a relatively niche, fast-paced sector where time out doesn't really work and temping isn't an option. Also, being pragmatic I really need the money.

Under no circumstances should you look to take a new job at the moment, you're putting yourself massively at risk and it is not in your best interests at all.

Go back to your job, and if your health improves with no more long periods of absence then look to move on. If you take a new role and have a period of absence like this in the first 2 years you'll likely be out the door with no compensation or comeback.

I don't think changing jobs now is a good plan

They will likely ask your previous employer for a reference including periods of absence

Also, you will lose protection and they can get rid of you for any reason within the first 2 years, which is a huge risk, based on how much time you have had off sick

Is there any opportunities at all for contract work if not temping? Can you take on short term contracts?
If you really need to leave your job for the sake of your health, then you would benefit for roles other than permanent employee jobs for a while to allow you to explore different types of roles,fast paced or not.
Refreshen up your cv and target it at contract roles or something less full time / permanent and see what's out there. Keep the old role as backup.
I've contracted (in tech) and did 8 hours a week for good, if unstable money. No entitlements to sick days or whatnot, but maybe that's what you need.

I'd hang on to your current job for as long as you possibly can. Starting new job before you are fully well and without declaring any health issues is a recipe for disaster. It will very stressful, especially if you are casting it as your last chance to stay in work. Honestly, I'd stay signed off, or working in a sub optimal role until your health has improved. I say that with an understanding that stress will have an impact on your recovery. You are going to be stressed either way.

Being open & honest (as much as you feel comfortable with) with your new employer regarding your health and sickness absences is also in your best interests though when starting a new job.

If you start somewhere totally new then you lose all the protection you have in your current role and they can sack you for no reason at all really for the first 2 years. Considering you’ve had 3 long periods of sickness absence now within what is really a short timeframe, one of which is still ongoing for absence purposes, I think you’re opening yourself up to leaving one job only to be quickly let go by the other especially if they have no understanding of your ongoing health.

On that basis, what is best for YOU as an individual at least financially is to stay where you are. You have protections in this job that you will not have in your next job even if it doesn’t feel like it. If however you can afford to be without your income for an extended period of time if you were to be let go by your next job, then yes leave and take the risk, but if you do need your income for your household then the best thing you can do is stay where you are protected until your health is 100% and you know you will not be going back off again.

As others have said though, new employer would find out about your absences anyway most likely in reference especially given the length of them and frequency recently.

Sorry but that adds nothing to the advice. There was a senior team of 2. Ostensibly there is still a senior team of 2 - and a more senior role of 1. They are allowed to have 3. If they don't want to fill one of the roles when there is a vacancy, then they are allowed to do that.

You have not been demoted, basically or otherwise. Your job still exists. Your terms and conditions haven't changed. You can go back to it when you finish your sick leave. End of story.

Now when you go back, they have options. They can continue to employ you in your current role. So you carry on doing the job. Or they may start looking at redundancy. Or sickness management targets. Or something else entirely. And until they make that next move - or don't make one at all - there is literally nothing to do.

You need to understand that what you can "see" and what the law thinks has happened are very different things. You are talking about assumptions and feelings. And I don't want to rubbish that - you feel what you feel. But the law requires evidence, and evidence of wrongdoing. There is no such evidence. They have done nothing wrong.

Just to add about the possible "hiding" of sick leave comment you made. Fair enough that you don't care about your future employers position. That's your choice. Let me explain mine as both an active union rep and a manager. We ask. And if we find out you lied - and that pretty much means if we find out EVER that you lied - the employers position starts at instant dismissal for gross misconduct. We can happily discuss ill health. People have bad times. It isn't necessarily a barrier to an offer. But lie to us and we won't be dismissing you for sickness. We will be dismissing you because we cannot trust liars.

100% this

Op

Everyone has given you great advice. Regardless of how things are at your current role, you are not in a good position to start in a new company . It's pretty standard that new employees with high levels of absence are not kept on pass probation regardless of the reason.

I think you've been very foolish here. It is likely they created a similar role to yours because of your sickness levels so they could cover you, this was absolutely the correct thing to do. All your carry out with grievance and appeals has done nothing but create bad feeling at worse when they had done nothing wrong.

Honestly go back to your role. Put your head down and do an amazing job and this will all blow over and you have some security if you get sick again.

My organisation almost sacked someone when they went off sick with my issues, not because they were off, or because their mental health was bad but because they didn't declare any issues in the application form.

In the end I managed their return back into their role and they did well but I had to fight very very hard for my team member against HR's advice.

Don't hide anything.

Some organisations specifically ask for number of days sickness absence in last 2 years in a reference.
If you have to fill in a medical form during recruitment you should declare your condition, otherwise if you are off sick with it and they ask for a medical report and find out you didn't disclose this you could lose your job.

I would honestly try and get things on a more even keel medically before starting another job. If this is a recurring condition, which it sounds like it is, you can be dismissed in first 2 years if you take lots time off.

Basically you are having several months off sick every year. Most organisations will not tolerate this

Blimey. A lot of very clear advice from lots of people to not do what I am planning on doing. Thank you. I will digest.

I'm struggling to get my head around the "your employer's done nothing wrong" point. I'm feeling a little ganged up upon by HR professionals and the like, and I'm shocked to hear that so many people think that what my employer has done is ok.

If you have more than 2 years service you have rights. If you are not in a union join one and they at least you know you have someone on your side if you need it in the future. I can't see they have done anything unlawful either, but a union rep or employment lawyer may agree with you. So consult one. They haven't replaced your role, you can go back when you are well enough but they might start proceedings against you for absence p, warnings, improvement plan occupational health assessments. I think you said you are in a niche role, in which case other companies you might be thinking of working at will most likely have heard about your sickness anyway, it's a small digital world.

So in 3 years you have had 9-12 months off sick? Possibly more, are you sure you are able to return to work in a new role or otherwise

@rockstuckhardplace genuine question. What did you expect your employer to do about staffing levels/workload due to your absence?

Lots of good advice

Best to stick in a place where you have rights

Also, you don't know for sure that if they have three people, they will want to get rid of you. They might take on more work when you're back and there's three of you. I'm puzzled you raised a grievance.

How long were you there? If your job goes, you might get a redundancy payment.

Take the time to recover, don't stress yourself by looking for a new job.

And definitely don't lie to a new employer.

i hope you recover fully 💐

What’s wrong with you? Is it a protected characteristic?

I agree with others about staying in your current job for the foreseeable, it’s hard enough to get back into the routine of work after a prolonged absence don’t make it harder on yourself, move to a new job when you want to not because you feel pressure to leave. Also agree that employer has done nothing wrong and I understand this isn’t what you want to hear, try not to take your employers actions personally. I hope it works out for you.

It is ok. They've done nothing wrong. They've added to their workforce.

I'm not entirely sure what you expect them to do to be honest. You've not reliably been there and they need the job done.