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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48193
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am currently on sick leave due to return on 1st march. My

Resolved Question:

I am currently on sick leave due to return on 1st march. My company has said my current role has had to be filled and I will not return to that role. I have a good well paid job and feel that I could return to a same job, does the company have to offer me a role that is similar and offers the same salary and benefits?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for and how long were you off on sick leave for?

Customer:

I have worked there for 16 years, I went on sick leave on 14 January and have return to work for 1st march

Ben Jones :

Is this the first time you were advised you have been replaced and did the employer know roughly how long you were going to be off for?

Customer:

The company advised they had a temporary person to cover my role, I believe it is the customer who has said they want someone on the account full time and who is maybe not likely to be off sick again )for longer than a few days. Today was the first time I had been advised that I would be replaced

Ben Jones :

Generally the employer should not replace you permanently, especially if they were aware of the approximate duration of your absence and assuming in the end you were not off for a prolonged period of time (in your case this is not a long period of time considering long term sickness can be for months and even years). However, the position would be different if the reasons for this are that it has come following a request by their client, a third party whose wishes they will be expected to follow. The law even allows the employer to dismiss an employee if their client or another party of influence requests that so it does place you in a somewhat vulnerable position if that request had come from the client. It does mean that the employer can remove you from your post at their request. They would however be expected to find you another alternative position and whilst they can offer you whatever suitable alternatives are available at the time, they are not expected to create a matching position so you would only be able to go for the options that are available at the time.

Customer:

is being made redundant a possibility? they have said that not is one of their options and are looking for alternatives, is that fair

Ben Jones :

this is not a redundancy situation so if they were to dismiss you it would be for 'some other substantial reason' which is one of a few possible reasons for dismissal, such as redundancy

Customer:

hopefully i will remain with the company in a similar role, is that the best i can expect?

Ben Jones :

in the circumstances then I would say so, push for something similar and make sure you are being given all opportunities available

Customer:

thanks very much

Ben Jones :

you are welcome, all the best

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