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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I have been off work with depression (first time ever) for

Resolved Question:

I have been off work with depression (first time ever) for the past 3 months. Just had my return to work interview and it appears that my post (Director) has been divided out amongst colleagues to cover and my manager likes it this way and so she is offering me a significantly lower banded job.
the letter from occ health suggests reduced workload or different job to initially support my return but can they just delete my post and leave me in this other one . I work in the NHS
I feel very undermined- this would not happen if I had been off with a broken leg
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. How long have you worked there for?

Customer:

In the NHS 10 years

taratill :

Hi what has happened to your original job?

Customer:

The implication was that bits of it have been spread out and taken up by other Directors, my manager said that shje had to do this as I was off for three months but as I was submitting sick notes every four weeks how did she know it was going to be three months and not just 4 weeks. she said a lot has changed whilst I have been off

taratill :

so is she saying that your post no longer exists?

Customer:

she also said she is recruiting to some new posts that will pick up some parts of my old job

taratill :

but is she saying that your original post no longer exists?

Customer:

yes

taratill :

Have you been consulted with or offered redundancy?

Customer:

no

taratill :

Hello you need to raise a formal grievance to be asked to return to your original job. You should state that it amounts to a breach of trust and confidence for your job to be eroded whilst you are off sick and that if your job no longer exists it amounts to a redundancy situation and you should have been consulted with and offered redundancy pay. You should state that if the situation is not rectified you will have no alternative but to resign and claim unfair dismissal. On the basis of what you have told me you will win.

Customer:

thank you. what might I expect in terms of financial remuneration if I made a claim for unfair dismissal? would it be the same as redundancy? As have been off with depression is this covered by the DDA?

taratill :

with regards ***** ***** depression is this the first episode of depressive illness?

Customer:

yes first time

taratill :

In that case it is not likely to be classed as a disability as there is a requirement that it is long term which means lasted or will last more than 12 months.

taratill :

Your compensation is therefore likely to be the equivalent of redundancy pay.

Customer:

thanks Jenny

taratill :

No problem, I'd be grateful if you would take the time to rate my answer. I will be happy to answer any follow on questions you may have. All the best

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