Can you be made Redundant whilst already signed off on Long Term Sickness?
The simple answer to this question is Yes. However, being long term sick is not a valid reason for a firm to choose you for redundancy over another employee.
The Job Has to No Longer Exist
The redundancy has to be genuine. Any firm who makes an employee redundant and then employs someone to do that same job or an extremely similar job could potentially be sued. Employers cannot use redundancy to “sack” people. They can get rid of them, but the employee must be failing to perform their duties, and a full traceable disciplinary process has to be followed.
The Redundancy must not be Predujicial
The employer cannot just pick on you because he finds your absence through sickness irritating. The employer has to show that you also would have been made redundant even if you had been at work.
Most employers know better than to try to abuse the redundancy rules to get rid of someone who is sick. They know that making someone redundant whilst they are sick, without good reason, could open them up to all sorts of legal issues. If the sick person is disabled, which can happen with a long-term illness, the company could be accused of discrimination. Firms know this, so being on the long-term sick can sometimes lead to a firm thinking more carefully before making you redundant. However, it is important to understand that being long-term sick does not make you immune to being made redundant.
The Normal Redundancy Process has to be Followed
Even if a redundancy is justified and there is no demonstrable prejudice involved, the redundancy still may not be legal. Your firm has to follow the same consultation process with an employee who is off work as they do with all of the others they are making redundant.
Seek Advice at an Early Stage
If you are long-term sick and are hearing rumours about redundancies, it makes sense to review your rights. It is wise to consult an expert lawyer like Hylton-Potts at an early stage for Employment Law advice and help.