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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49851
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am an employee of The Post Office. I have had to be on sick

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I am an employee of The Post Office. I have had to be on sick leave for a number of weeks due to muscular/skeletal problems with my feet and ankles which need surgical intervention. My manager is considering making me redundant next month. Is this allowed? I have been offered part time inside work which I have accepted on an ad hoc basis. As yet I have no information in writing as to my rights should this decision go ahead. Do you have any advice for me. I am 42 years of age with a mortgage and I cannot afford to be out of work.
Thanks. Alex.
How long have you worked there?
Customer: replied 1 year ago.
Eight years.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. Are they making you redundant because of your condition?
Customer: replied 1 year ago.
This is what I don't know. I have nothing in writing. Royal Mail just seem to be wanting to move me out and save themselves any hassle. My manager is not at all helpful so far.
Hello, it is not unlawful to make someone redundant whilst they are on sick leave. You are not treated any differently than anyone else who is fit to attend work. However, if redundancy is being pursued you must still be treated fairly and taken through a fair redundancy procedure. This would involve a period of consultation to discuss the reasons for the redundancy and to look for alternatives, offering you any suitable alternative employment if it exists at the time. If you cannot attend any consultation meetings because you are off sick, the consultation must take other form, as long as you are not disadvantaged in the process. So for example you could be consulted over the phone or in writing. Also it is important that the employer’s decision to make you redundant is not related to the fact you have a medical condition or have been off because of it. If the condition amounts to a disability then you will have rather strong protection under disability laws and any detrimental treatment because of it will amount to unlawful discrimination. So in the circumstances you have the right to be consulted over the proposed redundancy and not to be treated unfairly or be selected over it because of your condition. If the employer does not adhere to these rules then you are able to challenge it and take the matter further. This is your basic legal position. I have more detailed advice for you in terms of the ways you can challenge this, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49851
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Thank you. In the first instance, if the employer is not following fair procedures you can consider raising a formal grievance, which is an internal complaint. The employer has a duty to investigate it and deal with it properly. If you end up being made redundant and do not believe this was done following a fair process or you medical condition had anything to do with it, then you can appeal to the employer directly fist and after that you have the option of pursuing a claim for unfair dismissal and/or disability discrimination. You must start the process within 3 months of the dismissal date. A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal. If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement. The conciliation procedure and the form to fill in can be found here: In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.