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.

Read the OP, thiperson is medically fit to return to work. And no capacity termination is not 'a thing', a medical expert would have to deem the OP as being unable to work over the next number of years or have a terminal illness.

Don’t be ridiculous. I doubt you are in HR at all.

I have 25 years multinational HR experience gained in UK, EMEA and the US. So doubt away.

At the end of the day I want to ensure the OP is getting factual HR legal advice, she does not need 'opinions' which are factually incorrect.

Then why are you posting utter nonsense and totally unaware of uk employment law.?

Jf20 I think it's you who has no employment background honey. Please share your LinkedIn profile.

What's your employment law background @WashItTomorrow?

To be honest, if you can afford it, I would speak to a lawyer. Reading the thread makes me feel it’s not very clear cut about references and declarations for a new job.

wtf, why would I do that, google and educate yourself.

Ah @Jf20 have I touched a nerve? The fact you are commenting that employees will have sympathy for a physical illness rather than stress etc clearly shows you have ZERO employmentment law experience. Colleagues etc cannot be made aware of the OPs illness. Have you heard of data protection? Please don't waste the OPs time by commenting on post with no clue what you are saying.

Actually I agree with @Jf20. What she said is not a legal point so I’m unsure why you’re acting like it is, but it is very much understandable that most people will feel sympathy with someone who has a physical ailment rather than a mental one.

I’m also surprised you genuinely say that someone on sick leave cannot lose their job because they’re on sick leave. It is completely legal to dismiss someone on long term sick leave on the capability grounds, as long as the correct procedure has been followed. Your assertions otherwise immediately raise doubt on your claim that you have 25 years HR experience, unless you mean it’s in an admin role rather than as a HR professional.

They haven't fired you or even started disciplinary process. Assumably someone needed to do your job while you were off sick for most of the year by the sounds of it? So they ar paying you and someone to do your work. Long term sickness is incredibly stressful, expensive and challenging for small businesses. So while I am sympathetic to you being ill, I am also sympathetic to your employers who haven't by the sounds of it done anything wrong. They could have taken steps to end your contract.
As for hiding this from future employers well that says a lot about your character and your current employers will have to declare it on a reference.

@SuperDopper the point I am making if you would like to read it is that the company cannot disclose why OP was absent so employees will not be aware of OPs personal medical details so comments on physical illness vs stress etc is nonsense.
On the employment dismissal I think you are mixed up with ill health early retirement which would only be approved if the OP had a long term illness that prevented her from carrying out her role in terms of incapacity any company requires a medical expert to confirm that the OP is not fit to return to work in the long term, again having worked on cases like these any Doctor/Consultant cannot provide this unless an employee was unfortunate enough to have a terminal illness so a company cannot terminate emoyment when the OP has followed the absence management and sick pay policy. Over the last number of years there has been a huge change in employment law which protects the employee so companies cannot take actions like these.
You may be thinking along the lines of an At Will contract which is what is offered in the USA, thankfully these do not exist in the UK and employees cannot be terminated at will.

What ever are you on about ? Wh6 are you attacking everyone, no of course we all know the company can’t reveal. But the op can and she’s not said if she has or not.

calm down and stop attacking people.

I don’t think your employer had many options. Your role needed doing right? So they had to have a plan B if you’re absent again. You said yourself it’s not the kind of job you can do as a temp.

It’s not nice, but it’s not wrong. They are forking out additional money and you still have a job.

My point @Jf20 is that employees no longer have to feel they need to disclose their medical details to colleagues and I don't want her to get incorrect information. I am not attacking you only asking not to post details that are no longer relevant.
Luckily employees in the UK now have much more rights while on sick leave etc once they follow the companies absence management process. I don't want the OP to feel she needs to tell her colleagues why she is off, re the point physical illness vs stress.
And yes the company has not followed best practice, even on sick leave the original OP is entitled to be kept up to date on any internal vacancies ie the role she thinks may be her or higher. During maternity and sick leave a company must hold the role open so an emoyee returns to their role or similar role with the same terms and conditions once she has been kept up to date of any roles advertised so she can apply for senior roles.
Thankfully UK employment law finally protects women so they can take maternity leave or are unfortunate enough to have to take sick leave. This is long over due but at least now roles are safe and there are processes OP or other can take to ensure the company compiles.
I'm sure you are not trying to mislead but unless the OP seeks independence advice I don't want her to get incorrect facts during a stressful time. The last thing she needs to worry about is whether her colleagues are sympathetic etc, she unfortunately was ill but its not for fellow employees to know detail or judge. I'm sure you would welcome back a colleague from sick leave and support their return irrespective of the reason for sick leave.

Who would want to be an employer these days. It's all about employees rights.

A small company would be crippled in situations like this.

Although frustrating, I think you need to look at this from your Employers point of view. They have a business to run and on 3 occasions so far had a member of staff down.

Hi @Croyden121

Could you please detail the data protection laws that you are quoting. Because this advice is bullshit and I am shocked someone claiming to be an HR professional would give such advice. If you are asked about sick leave (nobody said anything about medical information) at the point of an offer being made you are entitled to refuse to answer (good luck getting the job confirmed when you do) or you must answer honestly because if you lie your new employer would be entitled to dismiss you when and if they found out.

And no employer "must" hold your role for you on sick leave - certified or not. Excessive sickness absence can lead to capability processes and dismissal whilst off sick is definitely both possible and lawful.

The OP's role is still open - their role has not been filled. And there is no legal requirement for them to give anyone an opportunity to apply for the senior role - there is no legal requirement for an employer to even have a recruitment process at all and they may, if they so wish, simply give a job to someone they like.

What kind of HR professional are you that your entire "advice" is based on fictions that are legally untrue?

Indeed. You don’t have to disclose medical conditions, but you effectively have zero right to any support in relation to them if you don’t. So it’s a pretty stupid strategy if you have an ongoing condition that is likely to meet the definition of a disability in the Equality Act.

Just to add for anyone reading the last couple of pages, one might want to be cautious about taking the advice of someone who appears to have only 15 posts ever on this site, posted only on this thread, and has posted easily disproved nonsense.

It’s rare that I’m shocked, but purporting to be “in HR for 25 years” and spouting that level of 💩 is pretty freaky.

More than happy for OP to DM me and I’ll share my LinkedIn profile confirming my very senior HR positions (the HR Managers have worked for me for about 20 years) and Chartered CIPD status.

As for hiding this from future employers well that says a lot about your character and your current employers will have to declare it on a reference.

Fully confess to knowing nothing of the legal side, but my personal experience says these things are frequently undeclared by the referees and the employee. The referees have fear of reprisal I assume. So "will have to" I think doesn't hold much water. I suppose an HR professional can only think in those terms, but many companies don't contain an HR professional at all.

We always get ex employees to confirm in writing they are happy for us to share a reference.

Else you don't know someone isn't just asking for information for some other purpose.

So if they specifically said please give a reference but don't mention sick leave we'd have the option to provide a reference but also truthfully say the candidate refused permission for sick leave details to be shared -which would be a telling statement.