Employement Law, being made redundant due to ill health.

[Bill Law]

Just wondered if I might get some help in the area of my current situation, any help would be greatly received;

 

I have been a lorry driver for some years having worked for Eddie Stobart until my health deteriorated. Taking stock of my situation and failing health, (I asked for help and this was not available apparently!) I resigned my position as HGV Driver.

 

My brothers partner (transport manager for a tanker operator) told me they have a job. Since she knew about my condition, she said the work was 4 on 4 off which we both agreed, might be better given my medical challenges. I worked for sometime and actually enjoyed the work. Having been trained up, I soon took to delivering bulk powder in tankers.

 

My health deteriorated further to the point where I felt it unsafe to drive and in-brief, had to increase my medication (owing to the pain) making me more susceptible to fatigue. I went on to SSP and have provided my company with all assistance including visiting the company appointed Doctor for a report.

 

No offers of assistance were forthcoming and it was only until my then manager (now working at another depot returned to provide cover for the new transport managers holiday period) informed me that my SSP would soon expire as I had been sick for approaching 6 months. I was unaware this was the case and she said she would post something soon and update my manager when he returned from his holiday.

 

On his return he said the medical reports were vague in terms of my return and the best thing to do given the circumstances was for me to sign an agreement where they paid me off and I "could not sue us for unfair dismissal". Although the money sounds good right now having come close to financial ruin, I feel that my employer could have done more to find me alternative work, especially given they are one of the biggest names in their field and have many contracts in my area.

 

I think the offer being proposed includes paying me my full salary for the notice period and any outstanding holiday pay.

 

Am I right to think they should have offered me assistance in getting back to work or discussing alternatives?

 

I wanted to work for this company and still do but feel someone somewhere is failing in their duties. Any help or advice would be welcome.

[marmaris30]

Long-term sickness is never easy, as I'm sure you know yourself, but also not for businesses. It is your choice to sign or reject the voluntary severance being offered to you, but if you reject it then they might not offer it to you again (depending on your contract, they are probably only obliged to offer Statutory Redundancy - one week per year of service).

 

The way that they will see the problem is that it's unclear when your health will return to an acceptable level to enable you to carry out the role they employed you to do, i.e. drive tankers.

 

Yes they should ideally try to help you back to work, but they're not doctors and cannot speed up your recovery, and yes they could offer alternative non-driving work on different terms (such as lower pay), but they might not have any to offer.

 

There would be nothing to stop you from asking these questions before you sign the severance agreement, and I'm sure he'd understand your concerns even if there is little he can do. If you leave on amicable terms then they might be more likely to re-hire you when you do recover.

[Sidewinder]

Hi and welcome. To be honest this sounds more like a matter of dismissal on grounds of capability rather than redundancy,with a compromise agreement. I think that you need to clarify with them whether this is being classed as redundancy or a CA in the first instance.

 

If this were to be a routine redundancy situation, then there would be an entitlement to consulatation in an effort to explore alternatives, however with capability there is no such process - in essence the employer appears to be acknowledging that your medical condition and the length of absence to date is making it impossible for you to continue in the job - basically grounds for dismissal, however in recognition of your service they will take steps to ease the process.

 

In terms of whether the employer should have explored alternatives, there would certainly be an obligation to do this if your condition was considered to be a disability as defined by the Equality Act, but reading what you have said above, I do not believe this is clear due to the uncertain prognosis of your condition - in fact the employer seems to have alluded to this as the medical reports were 'vague'. Disability under the EA would involve you suffering from a condition which has lasted, or is likely to last at least 12 months and which has a substantial effect on your ability to carry out day to day functions. You would also have to consider what 'reasonable adjustments' could be made to enable you to return to work - as a tanker driver, what could the employer do to enable you to function in that role safely if medication has not succeeded? Are there actually any alternative positions available that you could fulfil? Obligations under the EA would not extend to creating a job where none exists already, it is more about adjusting hours, location, working conditions in order to facilitate a return to work, so would depend very much on the condition itself, and what the employer could 'reasonably' do to support a return to work.

 

Is it an option to investigate medical retirement?

 

I think for starters, as previously stated you need to clarify whether this is a redundancy or dismissal on capability grounds. You may also have to look at specialist legal advice - this is mandatory in the case of a compromise agreement anyway, as this would be invalid without being verified by a solicitor.