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liverpool 1 | Can you make a persons position at work redundant due to a bad sickness record? |
an employees has been in a position of employment for two years. over that period their sickness record is not good. can you demote the subject to a lesser position or make that person redundant due to the fact the employer as decided they are not fullfilling their duties. |
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Essex Boy
 |
you can make there position in the company redundant, which means you can get rid of them as long as you can prove you don't need anybody to do that job anymore, then give it a while or use your other staff to cover their position, then i think you will be ok, but i've had the same problem, and it is so annoying that you want to move forward but you can't because your staff keep having time off, and you can't get rid of them. but rest assured there are ways around it, but just don't leave yourself open to being sued for wrong dismissal. Good luck with everything ! |
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KJ
|
In the UK you can only make a position redundant because there is no longer a call for the job, i.e. 2 positions merged into one, not enough work, etc.
If you have a problem with someone because of their sickness record you need to go down a disciplinary or capability procedure as it could be considered a conduct issue. This may involve the employee concerned being asked to provide further details of their sickness and granting the employer authorisation to write to their GP.
For further information on these 2 options have a look at these links
DISCIPLINARY - http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1073793845&r.s=sl
CAPABILITY http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1073793844&r.s=sl |
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raysor
|
No, definitely not. Redundancy means that person's job or role is no longer existing.For example if the stores were outsourced the storeman would no longer have a job therefore he would be redundant. |
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dick19532003
 |
you don't make the person redundant you make the job redundant so basically no you cant make the person redundant because of their sick record. by making a job redundant your saying that the job no longer exists and you cant fill it for six months. in the case of sick record there should be a procedure for attendance which involves periods of sick. the typical procedure is in stages IE stage 1 more than 3 absence's totalling 14 days in a year, then another absence triggers stage 2 and then another stage 3 and then the person is dismissed.
that's how most large organisations work, if the person hasn't been pulled up before for their sick record and there isn't a procedure in place the employer would risk being taken to industrial tribunal and possibly losing the case if the employee was dismissed. |
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ells
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No you do not make a person redundant but a position. Have you asked them about their sickness record - could be a genuine complaint and they might need some support |
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NotEckyBoy
|
UK - no
USA- do whatever you like. |
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RICHARD X
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No. |
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Limahl
 |
Depends on the original contract, surely.
Whether or not they are performong adequately during the time they are present.
Also, you can talk to them about an agreed rescheduling of their responsibilities if it's the work pressure that is affecting them. Not to dismiss them you understand, but to ease the workload and help them be more productive. You'll need a formal meeting with witnesses just to be safe! |
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ozzi
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no. if they are not fulfilling their duties in the time they are at work i think you can give them a warning, and after three can fire them, but otherwise if they are just at work half the time, you could sujjest they do job share, so work part tiem and you can hire someone else to be there when they are not. |
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