At risk of redundancy now my condition has worsened

Fgl1960

Hi everyone, just wondering if any of you have experienced what I think is a Sham Redundancy. My position at work will continue after my redundancy and I will be expected to train someone to do my job. When I took the job just over 2 years ago I had no visible signs of osteoarthritis, although I did declare it on my medical form. In the last 8 months my condition has rapidly deteriorated, from a slight limp to needing 2 sticks to walk, have stage 4, both hips and knees. I am taking advice as there doesn't appear to be other people at risk of redundancy, I will find out more at my 1 to 1 meeting this week, so I feel there is discrimination due to my disability, even though I work about 45 hours a week and have had no time off sick. What do the members think?

Trish9556

@Fgl1960

If I were you I would contact your local Citizens Advice service first thing in the morning. This all seems a bit stinky to me. Citizens Advice will be able to point you in the right direction regarding your rights as an employee. Employers have a duty of responsibility to their staff. As far as I understand it, if your job is still active and unchanged after your proposed redundancy there is no case for redundancy.

Have you checked the Disability Act for what you are entitled to and what the employer must do for you? This is a link from the Government's website. They cannot make you redundant due to your disability. If I've read that right but check it out yourself

https://www.gov.uk/rights-disabled-person/employment

Are you a member of a union? If you are, ask your local rep to attend the meeting with you. If you are not , you would still be entitled to take someone with you.

The helpline here are very good and will also be able to advise you.

You don't say when your meeting is but, if I were you I would ask for the meeting to be put back until you have been given independent advice. In any case you must get on that phone first thing tomorrow to CAB

Good Luck

Trish

Emmasknackeredjoints

Get HR involved. They need to make adjustments to help you first.

ExTanky763

hi @Fgl1960, my wife is worried to death that I’ll lose my job as I’ve just been signed off work with stage 4 OA in my left hip. I’m a member of the RMT Union, so I feel safe in fact that my Boss cannot let me go without putting in measures to help me first, I’ve only been off work for two weeks but the AO isn’t going to disappear overnight. I would speak to Citizens Advice to get a better understanding. Good luck.

MoWW

Hello @Fgl1960 You have rights as someone living with a long term condition. I hope you had some reasurance at your 1 - 1 meeting. See information within these links that details your rights. https://www.gov.uk/if-you-become-disabled/if-youre-in-employment-and-become-disabled and ACAS on the selection process https://www.acas.org.uk/your-rights-during-redundancy/how-youre-selected

Ted1

https://community.versusarthritis.org/discussion/62670/at-risk-of-redundancy-now-my-condition-has-worsened

Hi, the same thing happened to me last year, I took them to a tribunal for unfair dismissal as I was also the only person to be redundant, they should have gone down the capability route. I settled out of court and got a lump sum, I would have took it all the way but my union solicitor was leaving. Ring ACAS they will go through the options, im here if you need any help. Good luck xx

vero040

Hi, I agree with everyone above. I'm also dealing with redundancy but I'm not the only one. They are keeping 7 people in my team and I think it was maybe a criteria why I wasn't offer to stay, I have been really sick and I had to call sick many times. I will receive a very generous package, that will help me for more than a year. I'm still really worried to find another job, I'm exploring the possibility to start my own business. I have to say I'm having so much flare up at the moment. I have to stay until the end of August and I can't find any motivation to work ATM. I hope you have found support and good luck xx

annabanana

Hi, thank you for your post. I am sorry that you are going through such a difficult time, thankfully some members have reached out to give their advice/support, you are most definitely not alone.

Unfortunately I cannot offer any advice but i have attached a link which may provide a bit of support and outlines a couple of support programs, such as Access for Work and writing to your local government. I hope things improve for you.

https://www.versusarthritis.org/news/2024/june/we-re-calling-on-the-government-to-improve-work-support-for-people-with-arthritis-will-you-join-us/