Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
How long have you or the employee worked there?
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Thanks for your patience. There is nothing in law which prevents an employer from conducting a redundancy consultation whilst an employee is off on sick leave or on a phased return to work. What is important is that the employee is not treated detrimentally as a result of their position. So as far as possible they should be treated equally to other employees who are not affected in the same way they are. Therefore, if they are unable to attend any consultation meeting the employer should ensure that they do not miss out on this part and make arrangements to discuss the issues covered in such consultation meetings with them. Similarly, if the employee needs any adjustments made during the process to help them to either engage in the consultation or have things explained to them, the employer should make the effort to ensure this is done and that any potential adverse effects are minimised as much as possible.
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The employer is not obliged to put a redundancy on hold just because someone is off sick. Often the redundancy will be required to proceed without delay due to business needs so the fact that someone is off sick would not automatically mean it is delayed. If you are too unwell to attend consultation meetings then the employer may use other methods that may be more suitable, such as by sending you the information in the post or talking over the phone. They may be agreeable to a short delay (or any delay they want) but you cannot force that to happen so it would depend on them and how urgent the redundancy is. Does this clarify?
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