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.

Work can't sit around undone waiting for someone to turn up

If everyone was off sick whenever they felt it nothing would be done, work can't pay for nothing forever

Like every (?) other poster, I'm really confused about what you think they've done wrong. They've taken no action against you after three lengthy periods of absence. Instead they've invested money in someone to cover you while you're unable to work.

What do you think they should have done? Left your junior colleague to run the department by his/herself for months on end?

I am surprised that your GP is still signing you off sick to facilitate you changing your job.
Doesn't sound very professional.

What do you actually expect your employer to do? You appear to have had a very long amount of time off sick, they need someone to do the job because of that. Your attitude sounds very strange to me.

It sounds like the OP consulted with their GP who had wider welfare concerns about their general mental state and ability to return to work so they took the professional decision to extend the sick leave period if their patient was showing signs of anxiety, distress, possibly poor sleep pattern etc.

it can be helpful to extend a sick leave period if the longer term effect is that the person's recovery is more certain than rushing back to work too soon and having a relapse.

I'd love to know too. Sounds like they tried to make sure the work could be done while missing half the team.

Can't see a problem. You were missing for at least 9 months in 3 years. They needed someone to do what is apparently a job that needs doing. If your position doesn't need to be filled then why is your position needed?

When you say “sick leave is coming to an end” do you mean sick pay is coming to an end?

Im sorry you've been ill but you need to see this from your employers perspective.
They need your work done.
And in addition to this you don't sound like you have any intent on returning to work.
And furthermore your refusing any help to return to work by not attending an occupational health appointment.
I would return to work as soon as you are able and if it's not the right job for you seek another one.
By refusing occ health I suspect the next step will be for them to dismiss you on medical capability grounds.

Attending other interviews while off on sick leave isn't great.
You have no case for constructive dismissal - your employer needed additional help to do your work since you weren't there so brought someone else in. If you returned to work the new person could be given different responsibilities and your job could still be there but you'll never know since you have no plans to return.
You've been well since Xmas but don't want to return. It's time to resign before they dismiss you which won't look good on your cv or references.

If someone has been appointed to your job , surely a conversation is needed with your manager to clarify your role on your return ?
I can understand them someone else , they needed the job doing and you were off sick , a lot.

Would return to work and say nothing about any ‘demotion’.

Would check what references from your employer say about absence.

In a new job you’d have no unfair dismissal rights for 2 years, and could he fired for sick absence. Even if your health condition is a disability under the employment law definition there are circumstances they could fire you.

Don’t think your GP’s advice was helpful given the risks of further absence from your current job leading to dismissal, your absence record making it hard to get another job and / or not passing probation.

The only thing I would add to the excellent advice you've had so far. is to ask what the nature of your illness is. I'm not asking you to actually answer this in this thread but is it a type of illness from which you are now fully recovered and which can't re-occur? 20 or so years ago, I had an accident and was off for a few weeks recovering from injuries. When I moved jobs a year or so later, it wasn't an issue for a new employer and I wasn't worried about losing my rights as it couldn't happen again. Similarly, we've appointed people who have undergone cancer treatment or similar. We've also appointed people who have been off for work related stress who have explained what caused it in their previous role and why the chances of it happening in the role they're applying for are low.

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

Occupational Health are there to support you are well as your employer, it would be worth trying this.

And failing to engage may be a breach of contract.

I think in your situation I would go back to my current employer and work for a year, regardless of whether in your mind they have demoted you or employed someone else. They can't stop you returning and if you can get a year with no sick leave under your belt in a job you know then that would be better for moving on. I realise you may not wish to have to share all your health details but if and employer is paying you a wage and you have a lot of sick leave then this is part of the contract. Why are you reluctant to share this information? Did you lie about something in your initial job application?

Also struggling to see what they've done wrong. How long have you been off in total?
I know you're not thinking about your colleagues but it must have been hard for your junior in the dept on their own for these long periods of time so am assuming there's also a backlog of work.

It’s not breach of contract not to engage with occupational health!

it could be helpful in ‘showing willing’, helping them understand your health situation and any adjustments needed workwise. if you don’t your employer will just need to go on information that you provide.

@daisychain01 everything you say I agree with.

In this case, it does seem the OP is over egging the pudding and the GP should maybe realise that.
There will always be people who exploit a sick note sadly.

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 think it’s unanimous, isn’t it? Based on what you’ve told us, no one thinks that your employer has done anything wrong, or that you should leave now.

The ‘don’t leave now’ advice is hopefully clear: you have protections now that you won’t have in a new role.

As you say, you’re finding it hard to get your head around the idea that your employer hasn’t acted inappropriately (at least not in what you’ve described here) though. Does it make it any easier to consider it from the angle that it really isn’t about you; it’s about getting the job done? Your employer has a role that needed doing, you weren’t there to do it, so they had to get someone else to. When you’re back, they will have a bonus extra person and more flexibility to get jobs done.

I honestly think this needs a mindshift - from you. Shift your attention on how you can go back, work effectively and get yourself back into a secure position (economically as well as health wise). Once you’ve been back for a year without gaps, then you can start considering if something else would be better for you.

It sounds as though they've put out a very similar job because they absolutely need someone there to do it and they know you will likely be off sick again. I don't mean that in a horrible way, but we had similar in work and it puts a lot of pressure on everyone else.

In terms of a new job and hiding your sickness from them, I absolutely would hide it because they won't give you a job if they see it. Your old manager will have to give a reference but they aren't allow to say anything negative. I believe they aren't allowed to ask for sickness rates until they have actually offered you the job. I don't know how likely it is that they would then go back to your old employer and ask for your sickness record.

I hope everything works out for you x

I'm interested by the feedback that you need to disclose your leave of absence to a future employer or else it's dishonest? Is that really the case? I'm thinking about moving roles and had no intentions of declaring my leave of absence (recent maternity leave). Provide by you are better now, I would leave that all behind and I don't consider it dishonest (assuming it's been short period compared with all the years you have been working/ gaining the experience you needed to be the senior in the team).

That being said, I wouldn't necessarily leave your old employer either.

Lots of good advice here… I’d be interested to know if the grievance outcome letter said something different or the same as all of this (that the work needs done by someone).

What are you expecting them to do when you return that makes you so worried? For them to say no sorry we don’t need you? Our that you sit there with no work to do?

Every new job I’ve started had always asked for a declaration of how much time I’ve had off sick within the past x years. I wouldn’t lie about this.