I’m getting a little worried about my job. I have worked at my current employment for over 5 years now. I was diagnosed with MS in June 12 following a severe relapse. I was off work sick until Sept 12, my employer was very supportive up to this stage. I went back in Sept, managed to do a week and half of part time hours (I usually work mon to fri 9 til half 5) and then I had another severe relapse which meant I was back on the sick and my employer seemed to back off with the support and lost Internet in me. My sick pay has recently run out and I am now waiting for a decision re: esa. I’m worried now that because my sick pay has run out and I’ve been off sick for over 6 months (except the few hours I did in Sept) they may make me redundant. Although I do want to get back to work as soon as I am able, I don’t know how long I will be unable to work again and I’m thinking it must be quite difficult to get another job because we have MS. Has anyone else come across this problem? I know we have rights but how far do these rights stretch until your employer can say bye bye you’re a liberty? Thanks
Usually after a period of sickness (it tends to depend on your contract how long) an employer will want to know if there is a realistic likelihood of you returning to take up your employment. If the answer is no then they can terminate your employment due to frustration of contract. This is not redundancy. An employer can only make you redundant if there is no longer a need for your job. There are very definite steps to redundancy and illness is not one of those. However all employers are obligated to make reasonable adjustments to the work environment to allow disabled people to continue working. If a few changes would make it possible for you to carry on then they ought to do it. Access to Work (Google it) will help with this.
If your contract is terminated (in essence dismissal) and you need/want to look for another job then a prospective employer is not allowed to ask about your illness or disabilities before offering you a job. This is covered by the Equalities Act
Jane
Thanks
IMHO
A contract of employment works both ways - the employer offers work/pay and the employee offers their labour. If either party are unable to fulfill the contract then the contract can be terminated. In the case of ill health an employee may be unable to perform their duties and therefore can be fairly dismissed. However before that stage is reached an employer should look at ways that the employee can be supported to return to work. What form that support takes will depend on each employer and of course what it is stated in the contract of employment.
In your case I would make sure that you keep in touch with your company and let them know on a regular basis what is happening ie treatment, hospital appointments etc… Should the employment be terminated and you do find that you are fit to seek employment elsewhere at a later date a new employer will probably want to know why you left your previous job. In this instance temporary employment can help with the CV and improve the attendance record.
I would say that your employer cannot make you redundant but they could seek to start terminating your contract (ie dismissal) on the grounds of capability. However this would be a lengthy process if it is done correctly and therefore should not just happen out of the blue but be part of a reasonable process. You would be entitled to notice as determined in your contract and this notice period should be paid together with any outstanding annual leave.
Thanks guys