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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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I have just been given a letter of Advanced Warning Of Redundancy

Resolved Question:

I have just been given a letter of Advanced Warning Of Redundancy I need to be signed of for 2 weeks by a doctor stress and depression - does this delay the beginning of the process by however long I am off sick or will things continue in my absence
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 for the employer for?

Customer:

16 years - the letter I received said Following completion of the consultation period if no reasonable alternatives have been found your post will be made redundant on or around 27 May 2015. I want to get signed off by a doctor and delay this for 2 or 3 weeks, until I can think clearly.

taratill :

How many posts are being made redundant at this time?

Customer:

only mine

taratill :

Do you think this is a genuine redundancy situation or do you think they are trying to get rid of you for another reason?

Customer:

we had a run in ( I was angry with him and let him know ) at the end of January because of the volume of additional work he dumped on me, I had been forced to work additional hours unpaid to complete tasks to meet meeting dates set by him, this all came about afterward my was angry with him . This may sound odd but right now I would be happy to take redundancy but want to slow the process down by a couple of weeks.

taratill :

Ok well it seems that you may have a case for unfair dismissal if you are dismissed by reason of redundancy given the circumstances. A redundancy only occurs if the need for a person to do a job ceases or diminishes, which is not the case here. Under redundancy law the employer must consult, if you are signed off sick then this would delay the process. However, an employer is not expected to delay it indefinitely so if the sickness is long term or longer than a couple of weeks they could consult in your absence.

Customer:

I can deal with the unfair dismissal after I am removed from the situation. An ex colleague is suing them at the moment for the same thing from this time last year, I will use the same law firm. Thanks

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