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.

Surely that would depend on the type of sickness?
I am currently fighting my own battles with my employer over a 5 week absence due to an accident. I hurt my foot and my role involves being on my feet all day, every day.
It's a solid 5 weeks, with fit note from start to finish. Not my choice and nothing I could have done to prevent it.
However in a different type of role, I wouldn't have needed all that time off....
I think a cretin amount of flexibility would go a long way when establishing the facts.

Same for OP, go back, do your job to an 5* standard for the next 6-8 months. You do have the upper hand in this as you actually know the company and their requirements. Use this to your advantage.

2 people in role may be their preferred option, but if the final absence was related to the stress of the grievance process, then perhaps they know that you are likely to feel bad about it, and this is going to be a recurrent thing - after all they consider it over and done with, but it is obviously still making you very anxious, to the point that you dont want to go back and have effectively got your GP to sign you off again. Thats not really sustainable.

At the moment you have a job to return to. You have not been sacked. OH is to see what help you need to get back to work. There are only 2 or 3 of you on this team - its not as if you are part of a massive team where your workload can be spread. What did you expect them to do? You say the job is niche, so its not even as if they could call in a temp as it may take them as long to train them as you were off. They didnt inform you of the external position because its been shown it wasnt your job - they were not asking you to apply for it, and in fact it didnt even get filled while you were absent. In fact it didnt even get filled while you objected to it and went through the grievance process - Im guessing they thought 'OP is back now, we dont need that person'

But then the grivance process made you sick, and you were off again, after only 3 months back in post. So they got someone in. They'd been proven correct that they could, and obviously struggled in the previous 2 absences, hence needing someone to fill the gap by what looks like, now it IS work related, a potential on and off work pattern in the future.

But ultimately OP does have a job. She just needs to find a way to settle whats happened in her mind and get back to it, if she wants the protection of being able to step out if she gets sick again. Its not comfortable for her no doubt. But its going to be a case of balancing security against the risk of walking away and hoping that no other work situation is going to cause her enough stress to need time off in the next couple of years

If you are not an HR professional then I really don't think it's helpful to give Op incorrect advice.
Op has not specified that she has been removed from her role and is about to go back to work.
It's seems based around the shame reaction of having lost the grievance as Op says her sickness was not related to her job.
Trying to hide her absence also seems to step from some form of shame.
Being open and honest about the reasons for being off and having an OH review would be a step forward.
Op hasn't engaged with OH yet - he/ she stated this.
Op seems to have stepped into a right/ wrong mentality here with a huge dose of perceived rejection.
What is the role Op is going back to?
What's the pay and conditions?

The first step would be to establish this before dishing out ridiculous " advice" that's going to lead to more misery for the Op in the long run .

Do you have an employee assistance programme that could offer you some back-to-work counselling? Because I think you could do with some help untangling your thought processes.

At the moment you are conflating some very different things.

It sounds as if your workplace has done something upsetting. That is not the same as doing something objectively and legally wrong.

If you set up the department you will understandably feel you have some ownership of it, and bringing in someone senior could feel as if they're taking 'your' department away. But the department has always belonged to the company.

Putting somone senior above you might feel like a demotion. But if your job title, responsibilities, and pay aren't reduced then you have not been demoted - you are still exactly where you were, even if the landscape around you has shifted.

And they have (possibly) employed someone to do the same job as you. But that is not the same as employing someone to do your job. When I started at my current place I was only person in that role. They have since put out multiple adverts with my job description, and now employ 6 people in the same role as me. But my job still exists and I'm still doing it. The extra people don't take anything away from me.

You have said exactly what I was trying to say but much better! So beautifully articulated.

I'm not an HR professional but from what I can see (from a number of years of senior middle management, including handling HR issues), what they've done is not ok

I am a HR professional and from what I can see they probably haven’t done anything wrong.

Honestly I would ignore the comments that your employer has done nothing wrong. It's impossible for anyone to judge based on the anonymised information you have given here. Some people just like to be contrary. You are best placed to know how their actions were poor practice and how it affected you.

All the best for your health and your future career.

I'm not in HR, but do have experience from your side OP of the feeling of being managed out due to long term sickness. It sucks, and makes you feel worthless, but ultimately as so many have said they don't seem to have done anything wrong and have just tried to ensure continuity of service.

You'll be setting off a lot of bells on the matrix for risk for further long term absences. Whatever you have now, has it been dealt with or is there a risk of it reoccuring? If reoccuring hold on to your current job as long as you possibly can, if you've been with an employer under 2 years they do not need any reason to terinate your contract, and it doesn't sound like your current medical state is such that you'd be able to consistently work for the new employer for these two years until your job becomes safer. And it is only safer, any employer can begin the process of terminating your contract after 6 weeks off sick (correct me if this has changed anyone, this is what I was told a few years back) unless your absence is related to a protected characteristic (ie pregnancy, disability) but even then if they can demonstrate you can no longer do your job you can still be managed out. That you've had several very long periods of sick leave and they've not terminated your contract says they are trying to keep you in post.

It doesn't sound like you have a case for constructive dismissal yet but you might do if in fact you go back to work and the reality is you have no job to do. you won't find that out though until you go back. it could be that it's just another person doing the same work as you but there is work for two people or it could be that the other person is doing additional different work and you still have work to do.

it could be the case that you do have no job and you have been replaced. Tbh though I think I might quite enjoy being paid to let someone else do the work for me! joking/not joking.

if that is the case that you actually have no job and you have been replaced, then I wouldn't rule out looking at a claim for constructive dismissal because it can result in a cushion of money which will help if you do want to change jobs long run - do you have a union that can support you?

The main issue for your employer is your 3 long term absences and how the rest of the team was preforming with the additional workload. Obviously that's not your problem/ issue and will not be discussed with you.

(I am working in an understaffed department with 1x long term absence since I started 18 months ago - different people ... but still. And then there is the dreded holiday cover on top- people get burnt out and then go on 4 weeks + sick leave...)
Your employer obviously felt, that they needed to put something in place to counteract this = recruiting new people.

My advice to you is what I said above, return to your workplace. Work like hell, for the next 6-8 months. Use the fact that you know the role inside out to rise above the new recruits. Honestly, all will be forgotten in time if you are lucky enough to stay healthy for the foreseeable.

They can ask and I ignore it. Sometimes the requesting company isn’t happy with the reference I give and the employee needs to provide an another referee.

From my perspective it’s a huge can of worms and declaring sick days doesn’t fully tell the story of what happened anyway- I have someone who has barely worked in the past 6 months due to cancer and someone else who calls in sick every 4 days with a cold.

I’ve never worked in the NHS so they might have different rules, but I work for a household name financial services company and we only ask for dates and job title.

Similarly I ignore character references- I’ve often never met the person so no one cares what I think about them!

Lucky you - last person I had on a performance improvement plan I probably lost about 1 day a week as information had to be collated, a weekly review prepped for, weekly review conducted, and then pulling together detailed notes to email to the person of the conversation, getting challenges if they thought I had written it down wrongly so then correcting or spending time reviewing and saying no I stand by what I said. Then had to send all the notes to the HR system and meet with them to make sure I was doing it right. They then raised a grievance against me as that meant the performance stuff was put on hold so i had to be interviewed about that . Grievance didn't stand so they then went off sick so time to deal with that, checking in, getting occ health involved and reading the bollocks they'd told occ health about me. They got another job in the end but good grief what a waste of everyone's time and money. Not to mention having to be professional and carry on doing my job as I was senior when they were accusing me of all sorts.

Op, just as you feel you’ve been demoted, doesn’t mean you have been. They are allowed to bring someone in over you. And if I’m brutally honest with three periods of sick leave close together and for lengthy periods they need to have someone to do the job full time all the time.

they haven’t removed your job, you can go back to it. The new manager will need to manage work load and division. But as you e been out for quite some time it may take you time to get up to speed. So they are trying to ensure the work is done all the time. They are clearly struggling. And I’m not sure why you’ve taken issue with them taking someone on to do the work and oversee this issue.

as for hiding your illness, often references ask about extended periods of sick leave, I don’t think your employer will lie.

personally I’d talk to them, ask how you see the role playing out on your return. As your prognosis is good, then hopefully when you’re recovered and back in role for a considerable time, they will then feel able to move the ofher person.

on the flip side though, they may be looking to move to capability termination, if they feel that your likelylood of recovery and being able to do the job steadily is not feasible.

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

who made this request. Is it your current employer? If so this may indicate that they are indeed moving to capability termination now.

This is the point though.
It doesn't appear anyone is in the " wrong" either the Op or the employer.
The mindset of the employer being wrong and launching a grievance likely comes from Ops feelings of rejection and shame.

Restructuring happens all the time.
Several parts of my job have changed .
Ops wanting to chuck it all in and try to restart somewhere else whilst hiding their absence is also very unwise and could lead to no job at all.
Op should go back to work, engage with OH and actually see what's happening before making an emotionally driven change.
No one is being "contrary" we are trying to stop the Op making another huge mistake!

Please do elaborate how paying someone for three extended periods of sick leave, creating a senior role which shares tasks with the OP's post, or even "poor practice" (for which there is no evidence here at all), and awaiting the return of an employee at the end of their extended sick leave is in ANY way unlawful.

Honestly, I would ignore ridiculous advice like this. You are the only one being "contrary" and with absolutely not a shred of a basis to be so.

Or they could be looking at making necessary adjustments or a phased return to support the Op when they return to work 🙄

@Infusedwithchamomileandmint 'ridiculous advice' is pretty rude. You know nothing about what my advice is based on - nothing about my background or, evidently, anything about employment law. My clear advice to the OP was to consult ACAS who are the experts on this and to go from there. I also said that her job was still there until it wasn't so not dissimilar to what you said. If there's anyone dispensing 'ridiculous advice' it's you. OP, ignore this poster and go to ACAS, don't take my word for it.

She specifically said she didn’t need that. How embarrassing for you.

They clearly know more about employment law than you do I'm afraid. That is based on the very bad advice you have posted here. And anyone who thinks that ACAS are the "experts on this" clearly also knows nothing about ACAS. If the OP wants legal advice then and employment law solicitor is the way to go. ACAS's call centre get stuff wrong as often as they get it right. On another thread the ACAS conciliator appears to have advised someone to acknowledge a debt nobody is positive they ever had in the first place. Most people with employment law experience would take ACAS advice with a pinch of salt.

If someone has x 3 long periods of sickness with the same issue there may well be adjustments that could be helpful that Op isn't aware of.
A phased return can be helpful, it's not intended to be punitive.
That's why OH is there, they are experts in this field and look at it from both the employee and the employers view.
Supporting the Op in maintaining attendance I'ds their aim.
Not remotely embarrassed -try harder

@Neriah Exactly
Someone is just churning out advice based on what they have read elsewhere.

I don’t dispute it can be helpful. I am not arguing your point in a generalisation, I am disputing it based on the fact I am absolutely sure the op knows more than you do.

and I said they could be moving to capacity termination, and they absolutely could be, they have brought someone else in, she’s been off for three long absences in 2 years, she’s still not back, and before she’s even back, after employing the new person , they want an assessment.

yes it could be they are trying to help her with a phased return or reasonable adjustments and are simply wonderful. It could also be they are looking to terminate.

I'm pretty sure that it's far more likely they are looking to support Op.
OH don't make decisions or even start the process to terminate that's HR.
Of course they would want an assessment, they will be doing everything they can to support Op.
Phased return adjustments, Health passport, MH support, redeployment if it might help.
If the Ops condition is linked to any protected characteristic then they need to be very careful.
There are extremely strict guidelines and a huge process to go through before termination of contract can be considered and not likely if Op is saying they are now well enough to seek another job and its not likely they will be off again.
In fact if they didn't suggest OH Op could most certainly have a case against them that appropriate support wasn't offered on their return.
If OH happy then that will be sent to managers in a report or what adjustments they need to make.

Sorry that was a bit long.
In summary
OH assessment and report outcomes

A.Op is fit to return to work
B.Op needs XYZ adjustments and we recommend blah, blah and blah

I understand the “go back to your current place, you’re legally better protected, don’t find a new role” advice. But it is going to be difficult emotionally for the OP to return to her current workplace. Her colleagues and managers are probably quite resentful. They might see her as a grifter. I know that no one needs to be best mates with their colleagues, but that sort of ambience sounds awkward and not conducive to good health.