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Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Would the PHI only cover you whilst you are employed by the company?
You can certainly be made redundant whilst off sick but that does not mean the employer has to do it. It does appear that the PHI does not apply once your employment terminates so whilst you can seek early retirement you will only be able to rely on your pension and savings as there will be no more sick pay or PHI pay.
So it could be that the employer is simply looking after you in a way that they are deciding not to make you redundant now and allow you to remain on sick pay or receive PHI. This is even if they can actually make you redundant now if they wanted to.
The only thing is that once you are well enough to return to work there is no guarantee that they will make you redundant, especially if there is a job for you. So the other option is to apply for voluntary redundancy now and still receive redundancy pay but knowing that you will not get sick pay or PHI.
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the truth is that you cannot guarantee that. Whatever you agree with them, they cannot be forced to keep you on if they can justify a fair reason for dismissal, such as redundancy. So you will have to take their word on this and hope that they do not proceed with it
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