Promotion advertised during sickness absence and I was not informed

[Frustratedworker]

Name changed as this may be outing

More of a WWYD I suppose but I'd really appreciate help/advice
I've been with my company (admin work) for a long time now, always get good appraisals, the go to person for most questions etc. I have been working towards a promotion fir several years now and my manager was supportive of this but the position itself was not in the budget yet (other similar teams had this role but ours didn't). I've always been a very hard worker but at the start of the year, I became mentally very unwell and had to take some time off. I'm getting help for this and believe it is due to a medical condition which I should be getting sorted soon.

Anyway, whilst off sick, the position was made available and was posted internally. The deadline for applying was whilst I was away and no one informed me of this. I have come back to another, not so senior colleague, having been given the role. Im really upset. Just spoke to ACAS who advised me to raise a formal grievance but I am not sure what the point would be as the role had been given to someone else now. I assume I would have to give a preferred outcome but what would I say, there cannot be 2 people in this role and they wont compensate me financially if I am not doing the extra work? But at the same time, I don't think they should be able yo get away with it. What would you do please?

It doesn’t, not really. You say your mental health problems were caused by a health condition. How would taking on a more stressful role help that?

Going forward, how would you like this fixed? A commitment to not have the same thing happen to anyone else in the future?

How could you ensure that? In an organisation of any size, there's always likely to be someone off sick. You'd never get anything done if you couldn't advertise a job or promotion if anyone's off sick.

I think it would have been inappropriate of your employer to contact you when you were very mentally unwell to tell you about a job being advertised ( which would also be a promotion/ more stress etc ).

Because I have managed the role for 4 years without any problems. I got ill, its caused an imbalance and sent my mh all over the place. I firmly believe, as does my doctor, that once the original problem is fixed, so will the mh issues and so I should be back to normal and more than capable of a more stressful job (or same job since I have been doing it effectively) in the same way I was before I got ill

The problem is you're still not well and may not be for some time. You're awaiting a referral and treatment.

I know how rubbish it feels and you're not wrong to be annoyed. But I don't think you've got a legal case.

Who's been doing the job while you were off ill?

Right, but when will that be? They advertised then. If you weren’t able to work in what you say was the same role, what did you want them to do? Promote you and then hold off on anyone working in that role until you’re back?

As do a lot of people it seems so I wont raise the grievance. I can see what you mean, just think its sad that after everything I've done they couldn't hold off a bit but it seems I am also in the minority thinking this. Feels crap that 15 years of hard work and giving them everything and 2 months of being ill is what it boils down to. Loyalty is important to me but I was nieve to think it was as important to them. It's spurred me on to look elsewhere though

I think we just have to agree to disagree. I really don't want an argument. I've accepted most people don't agree with me and said I will just look elsewhere. Nothing else for me to say at this point

It’s not delaying it two months though as you are still awaiting the referral and for your sake I hope it is indeed early next month then it should take a month to feel better but that’s not guaranteed. The role has been advertised , interviews have taken place and a candidate appointed already, that could have take two months from when they began writing up the job role/advert.

I’m just not really sure what you wanted to happen. AFAIK sickness isn’t treated in the same way as maternity?

Thanks for everyone who took the time to reply, it did really help. I accept I obviously am in the minority with my feelings, I guess it just made an already hard time, harder. I'm not going to do anything about it, just enjoy the lighter workload whilst I look for somewhere new and more aligned with me I think. Thanks again

HR person here. My question is how the role was advertised internally, was it through email or an intranet posting? If so have they removed your access to all company systems, email, intranet etc. while you’re off? If so you could have a case because you have been unable to see this because of your illness and they shut you off.

if however you have access to email, intranet etc and you purely didn’t see it because you weren’t checking I don’t think you have a leg to stand on. The company can’t put its plans on hold because of you and I think it would be unreasonable for you to expect them to invite you to apply if they’re not doing that for everyone else.

my HR opinion but I’m not an employment lawyer but this would be my view

@Frustratedworker have you spoken to your Line Manager to ask where this leaves you given past appraisals etc? I would be explaining that you’re a bit surprised and perhaps enquire as to whether there will now be two such roles and is the team expanding? I guess I am saying keep your powder dry for the moment and make sure you have all the facts.

that sounds like a real slap in the face for you
were you in contact with any colleagues while off who knew you wanted a promotion?

In many long years in HR I can’t think of an occasion when we have ever contacted an employee who is off sick with MH to see if they would like to apply for a promotion, In fact I could imagine it could be used against the company negatively as it’s absolutely tone deaf. In the same way that other stressful things like disciplinary hearings, performance reviews etc are all stopped as part of a duty of care.

Hope things get easier op x

I agree with HR views above that they shouldn't be contacting you if you're off with mental health issues, but you should still have access to internal systems.
Yes - their behaviour is a bit dubious. I would request a meeting with your line manager and HR to discuss the situation and what it means in terms of your appraisals. Maybe there will be more opportunities opening up shortly.

I would go with ACAS advice rather than people on the internet, and put a grievance in.

ACAS advice is to keep in touch during sickness, offer support and let the employee know about opportunities like this. IF you have a disability as defined under the Equality Act and were off work for linked sickness I'm pretty sure not informing you of the promotion opportunity is discrimination and is an example given on ACAS website (and regularly in management training).

I think it sounds awfully suspicious timing that you've been unofficially doing this job for 4 years at your current pay scale, you've been told you would qualify for the position when they have the budget, you go off sick and they suddenly have the budget, advertise it and fill it with someone you have trained.

It sounds to me like they relied on you doing that role unofficially (and cheaper) so knew there was no need to promote you officially, then when you suddenly couldn't do it, they needed someone to do that role in your absence, so they had no choice but to advertise it at the correct rate, they probably think they have done nothing wrong because they haven't replaced you as such, they've created a role that you were unofficially doing.

It's a shitty thing of them to do though, definitely step back from every part of your job that you were doing 'voluntarily' and ONLY do what you are being paid to do now, the new person may not be a god fit or may struggle to do the job without your help and input anyway, so it may be prudent to see what pans out before you bring it up.

I can understand why you feel hurt over this. You should have had chance to apply (or decide not to) but this was taken away from you. I would feel the same.

@ladyamyWhat do you mean?

I think it sounds awfully suspicious timing.....

Was it timed to start at the beginning of the new financial year?

I agree with this. I’m on long term sick leave with MH issues and I couldn’t cope with being contacted about work issues or with applying for and being interviewed for a job.

Just to say that I can see why you are feeling upset - I would be too. They must have their reason for doing this but feels shite, they gave you false messaging and then didn’t wait for you to come back. On coming back, were they certain that you would be back relatively soon? Could be that they worried you wouldn’t be?
Either way, as you say, just do your role, don’t go beyond and look elsewhere. Good luck!