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Redundant whilst recently off work sick

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jc35 | 21:25 Thu 26th Jun 2008 | Law
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Can an employer make you redundant whilst just returning to work whilst been off work sick for 2 weeks, which was relating to on going disability which the employer was made aware of when completed the companys medical questionnare, this is the second occasion in the rolling year which would have completed a years service mid August 2008. Does this person have any other rights i.e. the right to be accompanied through the process and also how did the company reach this decision within two weeks of this person being off sick when just before they were off sick were praised for their work and set objectives to be completed by September? Please can anyone help with my numerous questions? Many thanks in advance. This person also returned to work earlier than what they should of done on the terms from the doctor giving light duties, this person works in an office.
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A person can only be made redundant when his job no longer exists - irrespective of his excellent work record, or poor sick record.
Being off sick does not bar redundancy, nor is it a reason for making someone redundant.
The company must follow proper procedures during the redundancy process. Last in, first out is an acceptable method of selecting people for redundancy.

Good advice here:
http://www.direct.gov.uk/en/Employment/Employe es/RedundancyAndLeavingYourJob/index.htm
Are you sure this was a redundancy situation? Given the amount of detail you've given abouut the absence record I wonder whether you are referring to a dismissal situation.
I agree Factor.
Does the termination letter say the word 'redundant' in it, or maybe it says 'dismissed on grounds of capability'.

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