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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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What are the same implications of being signed off sick

Resolved Question:

Hi,
What are the same implications of being signed off sick during a redundancy notice period?. I've suffered stress/anxiety issues for a number of years and take regular medication. I've been struggling the last few weeks and doctor has suggested getting signed off for a while. I am however worried about how this could impact redundancy and also future job offers. Thanks
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Have you already been issued with notice of redundancy?

Customer: replied 10 months ago.
Hi Ben,
Not yet. We were put in a 30 day consultation starting the 7th Sept. We have been informed we won't receive issue of notice until the 31st day.
Expert:  Ben Jones replied 10 months ago.

And you are planning on going off sick after you have been issued with such notice?

Customer: replied 10 months ago.
I'd like to avoid going off sick if possible but wanted to understand where I stand if I did have to.
Expert:  Ben Jones replied 10 months ago.

It should not really affect you in any way. For example the employer cannot withhold your redundancy payment if you are off sick during your notice period. It could potentially affect you If you go off sick in the consultation period as it means you may not be able to attend consultation meetings and whilst it does not mean the employer cannot consult with you, it may take form via other means, such as letters, emails or over the phone and may not give you the same benefit as person to person meetings. But overall going off sick does not impact you legally – you will still work your notice on sick leave and your employment will terminate by reason of redundancy at the end of it. The employer cannot put a stop on the redundancy just because you are off sick.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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Customer: replied 10 months ago.
Thank you, ***** ***** One last thing in relation to this. Legally, can a future employer ask to see sickness records?
Expert:  Ben Jones replied 10 months ago.

Only with your consent. For example the old employer cannot just disclose these to a new employer as it will amount to breach of data protection if it is done without your agreement

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