redundancy

[Ac2602]

hi my partner had a heart attack 3yrs ago , very stressful job with a big consultancy firm. Since then he’s had at least two recurring events where he’s had to get checked at the hospital, thankfully all fine, but since returning to work post heart attack he had no occ health assessment and the same when he had these other events, despite contacting occ health. He’s now under threat of redundancy and I’m furious that he’s been out in yet another stressful situation that could affect his health.

My question is did his employer have a duty of care after his heart attack? And if so, can he raise this as a ‘question’ during redundancy discussions?

Thanks so much for any help

[wilsond]

I would say so yes. I had to take early retirement from a stressful job in local government due to my health.Before that,when I returned from sick leave ( 2 extended periods) I had to have a return to work interview and assessment to see if there were any ' reasonable adjustments ' that they needed to do to enable me to continue.

I'm pretty sure it's a legal requirement but it has been 6 years or so since I left. I can't see things changing dramatically

Eventually it was mutually agreed that I could not continue.

If he does need to leave ,even temporarily, he should apply straight away for Employment Support Allowance, at DWP. This is non means tested and is allowed for a year,to help out after leaving work on medical grounds/ redundancy etc.

Check out your question with Citizens Advice,they are brilliant!

Best of luck and don't let the bustards get you down both of you. X

[Captain_Birdseye]

Contact ACAS - this is a free, impartial advisory service focusing on employment law.

[DaveTR]

Yes they do.

Please take some proper advice as others have said from ACAS / Citizen's advice / Union / etc.

I was off on long term sick when redundancies were announced. An OH referral ended in a recomendation for early retirement.

Can you get hold of the companies policy on Abscence Management? They may not have been following process. It could provide ammunition if required for later.

[Ac2602 in reply to DaveTR]

Thanks so much Dave, struggling to get through to ACAS or citizens advice but wondering do you know what the difference would be financially between early retirement and redundancy? Appreciate you’re not ACAS but just incase you had any insight ☺️ thanks again

[DaveTR in reply to Ac2602]

There’s a number of factors for both redundancy and early retirement (should you be granted it).

With basic redundancy returns you will get:

• half a week’s pay for each full year you were under 22

• one week’s pay for each full year you were 22 or older, but under 41

• one and half week’s pay for each full year you were 41 or older

Length of service is capped at 20 years. Your employer will be able to tell you what you would actually get. They may have a better policy / offer.

For an ill health retirement pension (Should you meet criteria) I wouldn’t like to say as they can be so many variables depending on the type of scheme you are in, how long you have been with your employer, company contributions, your contributions and others…..

I think there needs to be a good conversation with your manager / HR department.

Hopefully that is of some use.

[Ac2602 in reply to DaveTR]

Thank you so much really appreciate your help

[Noodlesalad]

I definitely think any good employer would have set up occupational health assessment before your partner returned to work.I worked for the NHS and before I did a phased return to work I had an occupational health assessment, so if the company your partner works for haven't done that I would be asking HR why and if it could be done now.

Hope everything goes well, working with a health problem is stressful enough without the threat of redundancy.

[Lowerfield_no_more]

Your partner and his employer are both covered by the Equality Act 2010 which requires an employer to take reasonable steps to accommodate an employee if they have a change in health circumstances which has meant they cannot fulfill their responsibilities under their contract of employment. There is however no precise definition of reasonable except that defined by a few simple examples within the Act plus case law. In practice this really means that a large organisation may be able to accommodate an employee by say relocation or a new role, whereas a small company like a small builder may not. If the employer cannot provide reasonable alternatives they are allowed to release the employee, although they may be required to demonstrate they have been unable to provide alternatives if the situation gets to an employment tribunal. If your partner still has health issues his employer shoul provide an occupational assessment, or if this in not forthcoming he should get his GP to provide a statement in his health condition which he can use. As for redundancy it is a post that is redundant and the employee within the post is made redundant and the legal requirements on that are different to the Equality Act.

[Hidden]

Of course, his employer has a duty of care. Also, he should have had a personal risk assessment before returning to work.

hse.gov.uk/sicknessabsence/...