Employment law query

Lgray

Hi,
Could someone enlighten me as to the legality of a situation. A person is out on long term sick, gets the all clear to return to work by their own doc and the company doc. The company is contacted after a month for an update on when they may return to work and the response is that there is no longer a job for that person as it has been filled by someone else. They insist that the job is not redundant but back filled, so no payment required. The company asks this person to sign a form to say that employment will end due to mutual agreement in the near future.
Can a company back fill a position without notifying the associate that this is happening, or give them an opportunity to return to work?
What happens if the form to say the employment has ended is not signed?
Are there grounds for unfair dismissal since medical documentation was not obtained by the company to indicate that the person would not likely return to work?
Any help would be greatly appreciated
Thanks
L

Recessionbust

Lgray wrote: »

Hi,
Could someone enlighten me as to the legality of a situation. A person is out on long term sick, gets the all clear to return to work by their own doc and the company doc. The company is contacted after a month for an update on when they may return to work and the response is that there is no longer a job for that person as it has been filled by someone else. They insist that the job is not redundant but back filled, so no payment required. The company asks this person to sign a form to say that employment will end due to mutual agreement in the near future.
Can a company back fill a position without notifying the associate that this is happening, or give them an opportunity to return to work?
What happens if the form to say the employment has ended is not signed?
Are there grounds for unfair dismissal since medical documentation was not obtained by the company to indicate that the person would not likely return to work?
Any help would be greatly appreciated
Thanks
L

By asking the person to sign the form they obviously feel that they need to "cover" themselves and if It was me I wouldn't be signing it but I would be keeping a copy.
As for the rest well it depends on how long the person worked for the company.

If the employee was within the probation period or was employed for less then 12 months then while not impossible it will be hard to get a solicitor to pursue this case.
If the employee was working for the company for more then 12months then the best thing to do is get a solicitor involved as the company has broken a few T&L rules , In summary under 12 months employed and they can get away with it. Over 12 months and they cant.

Lgray

Thanks,
they have worked there 10 years- solicitor it is so.

Recessionbust

That's the best thing to do. Also look at citizens advice just to put your mind at rest. Good luck with it and hope it works out for you.