ChatterBank1 min ago
can my employer replace me if im on the sick
2 Answers
I have been off sick for 5 months, i've returned to work this week to find that my position has been filled permanently by an external candidate. i've had several discussion with HR and they have confirmed that they are within their rights to replace me if I have been off for more than 120 days. I accepted this but since then I have found a document that confirms that they began recruitment for my replacement within 50 days of my absence beginning. They have offered me a second role but both myself and the manager in charge of that dept felt that at this moment I could not offer what they wanted. At the moment I am doing general admin work on my old team( a huge drop in resposibilites considering I have managed that team for over 18 months).
Can my employers do this legally and how long exactly should they have waited before trying to employ a permanent replacement.
Can my employers do this legally and how long exactly should they have waited before trying to employ a permanent replacement.
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.They can appoint somebody into your role as your contract will state on it that you work for the company and they will use you as they see fit - although in more contractual terms. What they can not do is move you jobs and reduce your pay - if they have done this then you will be able to take them to the cleaners for compensation.
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