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Return to employment options after long-term illness?

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  • 14-08-2012 10:42am
    #1
    ivorystraws
    Registered Users Posts: 251 ✭✭


    Hi,

    I've been out on long-term illness from my permanent job for over 3.5 years. Now the final consultations and medical appointments are being wrapped up and should be concluded by end of September. If the consultant(s) say that I'm not fit to return to my original role and my employer states that they have no alternative role, what happens?
    1. Can my employer make me redundant and are they only obliged to provide the statutory redundancy for the time I actually worked there (not the time I've been off sick)?
    2. How do I calculate approximately how much redundancy I should receive in this event?
    3. What about holidays that I had built up prior to me going on long-term illness... is this now gone and I'm not entitled to receive any payment for it?
    4. Can my employer create a new role which I wasn't originally hired for and offer that to me at a much reduced salary?

    Basically I would just like to know what options exist to me as I don't trust my employer as they haven't contacted me and I know I'm just another number to them. Also, they have made a number of my colleagues redundant since I've been out and are not doing well at all so it looks ominous.

    Hopefully someone can answer my questions or point me in the direction of a helpful resource.

    Thanks.
    Tagged:


Comments

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    #2
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,260 CMod ✭✭✭✭Nody


    1 & 2) Yes; statutory at least. This would be 2 weeks salary per year of work + 1 week capped at 600 EUR per week; exact details are here.

    3) You're entitled to them as per EU court ruling referenced here.

    You can find more information to answer 4 and other questions here.


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    #3
    ivorystraws
    Registered Users Posts: 251 ✭✭ivorystraws


    Nody wrote: »
    1 & 2) Yes; statutory at least. This would be 2 weeks salary per year of work + 1 week capped at 600 EUR per week; exact details are here.

    3) You're entitled to them as per EU court ruling referenced here.

    You can find more information to answer 4 and other questions here.

    Thanks Nody for the helpful answers but I've also been scouring the links within the stickies.
    1. I've used the online Redundancy Calculator to help me to to calculate my statutory redundancy entitlement.... but since I was in a sales role and commission would be part of my salary, I guess I can't take this into account?
    2. I realise that not all of my employment service will be recognizable (due to lengthy absence although a minimum of 2 years will be).
    3. I know that my employer should make me a reasonable offer of alternative work and that generally, alternatives which involve a loss of status or worsening of the terms and conditions of my employment would not be considered reasonable.
    4. I should be entitled to any holidays that are outstanding or payment in lieu of holiday. It was confirmed to me via email that I had worked up 10 days holidays prior to going on long term illness leave.
    5. If I am being made redundant, I should be entitled to reasonable paid time off in order to look for a new job.... but how long is this?
    6. Wasn't my employer legally obliged to stay in regular contact whilst I was out on sick leave? Does the fact that they haven't contacted me in over 2 years make any difference?
    7. I was advised by a legal representative within the Citizens Advice Bureau not to actively look for redundancy from my employer but to wait for them to initiate it.


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    #4
    Mrs OBumble
    Registered Users Posts: 25,670 ✭✭✭✭Mrs OBumble


    I don't have any links - but is redundancy really applicable in this situation?

    I mean, your position isn't actually redundant, you're simply not able to do it any more. So I'm struggling to see why the employer should have to pay you out.

    And I'm seriously surprised that they they would keep you on the books for so long, especially since you clock up annual leave during that time.

    What does your contract say about medical retirement? Did they send you a P60 at all while you were out? What about a P45?

    Hopefully someone else can give some links to relevant laws or advice here.


    PS sorry if this sounds mean, I don't want to be, but I figure that it's better said than not.


  • Options
    #5
    SerialComplaint
    Registered Users Posts: 2,644 ✭✭✭SerialComplaint


    JustMary wrote: »
    I don't have any links - but is redundancy really applicable in this situation?

    I mean, your position isn't actually redundant, you're simply not able to do it any more. So I'm struggling to see why the employer should have to pay you out.
    That would be my understanding too.


  • Options
    #6
    ivorystraws
    Registered Users Posts: 251 ✭✭ivorystraws


    JustMary wrote: »
    I don't have any links - but is redundancy really applicable in this situation?

    I mean, your position isn't actually redundant, you're simply not able to do it any more. So I'm struggling to see why the employer should have to pay you out.

    And I'm seriously surprised that they they would keep you on the books for so long, especially since you clock up annual leave during that time.

    What does your contract say about medical retirement? Did they send you a P60 at all while you were out? What about a P45?

    Hopefully someone else can give some links to relevant laws or advice here.


    PS sorry if this sounds mean, I don't want to be, but I figure that it's better said than not.

    I'm asking the questions for clarification on the employment law in Ireland so yes, under Irish law, redundancy is applicable in this situation.

    You're right that my position isn't redundant but that's not why it's still open. It's open because that's the law.

    How do you know that I'm simply not able to do the previous job I had any more? That's determined by the medical consultants with my feedback.

    The employer may not have to pay out if they have a similar alternative position on offer but unless they create a new role, I know from speaking to the people who are still there that there isn't similar positions currently available.

    I'm not out on annual leave, I'm out on long-term illness.

    Why are you referring to medical retirement? How can my employer send me out a P60 or P45 while I'm out on long term illness?

    I've already got answers to most of the questions I initially had from the stickies on this forum and from the legal representatives within the Citizens advice bureau and additional employment law links from posters like Nody so there's just a few questions I have which are outstanding.


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    #7
    Mrs OBumble
    Registered Users Posts: 25,670 ✭✭✭✭Mrs OBumble


    ivorystraws wrote: »
    I'm asking the questions for clarification on the employment law in Ireland so yes, under Irish law, redundancy is applicable in this situation.

    Well you are obviously in a very different position from what I took from your first post.

    But we cannot give legal advice here, so thread closed.

    PM one of the other moderators if you have a good reason why it should be opened again.


This discussion has been closed.
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