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.

Completely agree with this.
Trying to hide your absence is not going to work.
It would be a HUGE red flag and having been on the other side of the fence any dishonesty is always discovered anyway.

You don't say what you condition is which is fair enough. But how can you take a new job with all the stress that entails if you are likely to fall sick again. Can you go back to your old job on reduced hours. Sounds like your employer has been very accommodating. If staff are absent then the work still needs to be done.

I'm not sure what your grievance is. Long term absence creates a problem for an employer. You can't reasonably criticise them for doing what they need to do to get the work covered.

Agree with others that can't see what your employer has done wrong and also now is absolutely not the time to try and move jobs.

The only specific question is you say you've been demoted, have you been told that you will be paid less on return? In which case there might be grounds for.a challenge.

I think that you really need to think about how you get back to work, and stay there. Absolutely engage with occupational health and take on board their recommendations. Also could you go part time to balance your work and health.

You need to focus on what you need to do to allow you to stay in work

was substantially recovered by Christmas, but I don't really have a job to return to and need to find new employment elsewhere.

What role did you return to previously?
I'm sorry but you seem to be making an assumption here to " fit" with your grievance.
Go back, head down and try to stay for another couple of years.
You could end up jobless if you try to hide your absences

Also if this is a recurring condition, what's to say you won't become ill again?
You would only be on SSP with a new employer and with 2 years probation they could terminate your contract for any reason

Why on earth would the employer give her 6 months pay like theyve done something wrong?

I am another one who thinks the best you can do for yourself is too return to your workplace so you have protection in case you fall sick again.
What did you expect your employer to do?

Well currently they're paying for her on sick leave. They don't know when it will finish, so ultimately they may think it's better to pay her off and move on than stay in this situation where she may end up going off again and again. I'm guessing they've already paid out more than 6 months worth of pay on her being off sick.

I also said 3-6 months, not 6 months. According the the employment person I spoke to 3-4 months is most common, but 6 months not unheard of, although she said that would normally be if it was a very difficult time to get a new job, or jobs in that particular sector are hard to find.

Are you going back on the same salary ? How long have you worked there ?

Also now they've shown themselves to be operating in their own interest without any regard to yours, you should do the same. Fulfil your duties well but don't go above and beyond. Remember you're there for the money at the end of the day and you don't owe them anything beyond the terms of service in your contract.

Hopefully though the new people you'll be working with will be nice and you will settle back in happily. You never know!

@rockstuckhardplace I work in HR for a large financial services organisation. I only offer employment verification ie I confirm you were employed as a bank manager between X and Y dates. I give no other information because it opens up a can of worms. If it’s a regulatory position then our CoSec team handle it but that’s more about being fit and proper than illness.

As far as I know, it’s illegal to ask how many days off sick you’ve had in an application/interview.

Because there is a limit as to what an employer has to do to cover your role . There are legal protections on both sides . Some jobs can’t be covered by a temp , so how do they cover your work ?

obviously you have been there over 2 years so take the OT advice and go back and see how it goes . If you get pushed out further then you will probably get an offer to stop you going for constructive dismissal. HR always act for the employer , but they should also stop them treating you illegally.

I did, over the same time period. I had two separate diagnoses of invasive cancer, and the third one was prophylactic surgery. I was off three weeks the first time, three and a half months the second time, and one month the third time. I was paid in full by my employer.

Because managing her out would take just as long plus all the overheads required for that.

I agree that alot depends upon the nature of the illness

If a physical one, or a treatment for something that should be better now, then that really should be the end of it

However if MH related (however unfair that may be) then future employers may be wary.

I wonder if its a combination of both - OP seems to have got very upset about the advertised role - not seeing it from her employers POV, covering themselves for potential future absences - which to be fair to them have happened as OP is off work again.

OPs actions, in raising the complaint and then pushing it further, and then losing, seem to have brought in a MH issue too - she mentions the stress of the process and her belief that she has lost her job (which, given the requested OH assessment) seems to not be true - contributing to this latest period of being signed off. The history also now seems to be contributing to her not wanting to return (does it feel humiliating? is it a loss of face? someone has been made senior to her?Is it because it was HER idea and now someone else will be in charge?)

But the job is there. The same role. Perhaps someone now is above her, but maybe that was designed to not only allow the workload to carry on, but perhaps take pressure off OP as she keeps having time off, and depending upon the nature of the leave........

I agree that’s all we would do in references. However if as an employer we had taken on someone who had not declared long term sick absences and we found out ,it might make us think twice about keeping them on over the probation period . It would just sow a seed of doubt .

As far as I know, it’s illegal to ask how many days off sick you’ve had in an application/interview.

Maybe in an interview but NHS routinely asks for this information in references. For NHS you also have to complete a health questionnaire which asks about periods of illness. If you lie on that it can lead to dismissal

Exactly and an employee may not have to bear the cost of a tribunal case .

@Twilightstarbright "As far as I know, it’s illegal to ask how many days off sick you’ve had in an application/interview."

but they ask in references don't they?

OP, you haven't said what your illness was which is fair enough, I'm just going to put it out there that cancer is legally classified as a disability and employers should not be discriminating against an employee who has or has had it. If this applies to you, Macmillan or Maggie's would be able to advise further.

I'm in agreement as well that your employer has not done anything wrong here.

As often there are always two sides to a story and on the one side is you and the other the business involved. You are looking at things in a very emotional and personal way (understandably) and the business is looking at things in a practical and necessary way of getting the job done that it needs to do. After all there would be no need for your role whatsoever if there was no business need.

I hope that many of the replies here help you to perhaps adjust your thinking around this and see things in a different light. It could well be very beneficial to you having additional people within the team to fulfil the roles that the business needs.

It would be much easier to return to your current job, with some of the safety nets that it gives you than to seek alternative employment at this moment in time. That's not to say that a move can't be done at some future point.

Wow. Thanks @TorroFerney @Sureaseggs44 for the info, It's not something had ever come across before!

I am surprised that your GP is still signing you off sick to facilitate you changing your job
Same