Redundancy

Hi,

I was wondering if anyone can help me. I joined a new firm in Nov 08, and was unfortunately taken ill in Jan 09, and have been off sick since, with stints in hospital and another to come soon. I'd rather not state what the illness is, but rest assured it is real and has meant I have been unable to work. I have merely been receiving SSP (statutory sick pay) for the period of my illness, and have recently been made redundant.

My employer has informed me that I am being made redundant, and am entitled to work my notice period, otherwise I shall only receive SSP, are they entitled to do so?

Any advice would be greatly appreciated.

Dear disgruntled

I am sorry to hear that you have been made redundant. However, whether you are off sick or not, did they consult with you over your potential redundancy at the time?

What criteria did they use or what business reasons were given for your selection?

It could be that your selection was on the grounds of your ill health (did they say) and dependent upon the nature of your illness, it could be disability discrimination. However, without the full details of the matter it is hard to advise.

You haven't been working for the Company for long and therefore do not qualify for SRP.

I would advise that you write to them to state that (if they have followed the Statutory Dismissal Procedure for this redundancy that is) that you wish to appeal against the fact that you are unable to work your notice and therefore believe that you are due your statutory notice pay regardless of the fact that you are off sick. You are also entitled to be paid for accrued and untaken holiday pay.

Sorry I cant be more specific but without full information it is hard to advise but hope this has helped.

Best wishes

Carol