Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long has she worked there for?
What is the reason for her absence?
stress related to family issues but nothing to do with work
It is not a strict legal requirement to have to apply for these other jobs to be entitled to redundancy but the usual requirement is that if an employee at risk of redundancy is offered suitable alternative employment they must accept it, otherwise if they are found to have unreasonably refused it then they could lose their right to receive redundancy pay.
However, if the position on offer is not suitable the employee does not have to accept it or even apply for it and can reject it, retaining their right to receive redundancy pay.
Now if she is off on long term sick leave and her condition amounts to a disability, the employer would have a duty to make reasonable adjustments to assist them. In the legal sense of the word, disability can have a broad meaning and there is no single list of medical conditions that qualify. Instead, to establish whether a person is disabled, they need to show that they meet the legal definition of a ‘disability’.
The Equality Act 2010 defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.
I will break this definition down:
If she satisfies the above definition, then she can argue she is disabled and the employer needs to make reasonable adjustments. These could include dispensing with the interview process or at least delaying it until a time when she is feeling better.
thank you very helpful
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