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Can I be made redundant while on sick leave?

by Work Rights Expert, Rachel Lewis

question
I'm on sick leave due to post-natal depression. My GP has signed me off so far for six weeks. During the time that I've been off my company has merged with another company. My boss keeps ringing me, and sending emails requesting meetings to discuss my position.

I've had enough of them hassling me but I'm also worried - are they allowed to make me redundant while on sick leave?

answer

It sounds horrible - and I can quite understand that the last thing you want is to be hassled at home. Unfortunately, there's nothing to actively stop them doing this, though it's clearly not good practice on their part.

Yes, they can make you redundant while you're off. They can make you redundant at any time they want - the question is whether it's 'fair' or not by law. In order to dismiss you fairly, they need to consult with you and warn you about the position - hence why they're so determined to contact you at home. I suggest you read one or two of the emails and consider writing back explaining that you're signed off, and you're not up to thinking about work-related issues until you've recovered.

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