Can you be made redundant when off sick with stress?

The short answer to the question is yes, you can make someone redundant when they are off sick – but as with any dismissal, you are taking a risk, and how big that risk is will depend on the circumstances.
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How long can I be signed off with stress?

It's down to the GP, but I always see people signed off for two weeks initially, with a "come back on the 2nd last day and we'll see if you need another two weeks" sort of arrangement. Try and take off enough time - it takes a while to get back on your feet again if you're messed up enough to need signing off.
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Can you be made redundant whilst on sick leave UK?

Yes, it's possible to make a member of your team redundant if they're off sick. However, it would be inappropriate to base a decision to make someone redundant on their health, as this could lead to claims of unfair dismissal and discrimination.
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Does being signed off with stress affect future employment UK?

Does being signed off with stress affect future employment in the UK? It's advised to record any mental health issues which could lead to things like absence, leave, accidents. However, these records shouldn't be referred to when employees seek further employment – internally or externally.
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How long can you be signed off with stress UK?

But when you return to work, it's likely your employer will want you to confirm you've been absent because of sickness/ stress leave. This is called 'self-certification'. If you're off work for more than 7 days, you'll need a Statement of Fitness for Work (in other words, a doctor's note).
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HOW A REDUNDANCY WORKS - Explained for Employees



Can I sue my employer for stress and anxiety UK?

You do have the right to make a legal claim for stress against your employer. These are not easy claims to bring, but they do happen and many are successful. A claim would generally be either for personal injury or constructive dismissal.
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Can my employer make me redundant due to ill health?

Can you make someone redundant due to ill health? An employee cannot be made redundant due to ill health, although they can be fairly dismissed on grounds of capability, as long as the employer has acted reasonably in all the circumstances and made any reasonable adjustments within the workplace, wherever possible.
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Can sickness absence be used in redundancy?

Short answer - yes.
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Does sickness affect redundancy pay?

You'll get your normal full pay as long as you're at work. If you're away from work in your notice period you'll get what you'd normally have been paid for that absence. For example, you might get sick pay if you're off sick or maternity pay if you're on maternity leave. This could be less than your normal full pay.
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What do I tell my doctor to get stress leave?

Below are some key points to remember when talking to your doctor about stress leave:
  1. Be open about your symptoms.
  2. Be upfront about your feelings. Don't leave out any details.
  3. Listen to your doctor's advice.
  4. If needed, book follow-up appointments.
  5. Explain your situation clearly and what you feel triggers your predicament.
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What are the symptoms of excessive stress?

What happens to the body during stress?
  • Aches and pains.
  • Chest pain or a feeling like your heart is racing.
  • Exhaustion or trouble sleeping.
  • Headaches, dizziness or shaking.
  • High blood pressure.
  • Muscle tension or jaw clenching.
  • Stomach or digestive problems.
  • Trouble having sex.
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Can you get fired for being sick with a doctors note UK?

You can be dismissed if you have a persistent or long-term illness that makes it impossible for you to do your job.
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Can my employer dismiss me for long term sickness?

If you've had a lot of time off work because of sickness, it might be reasonable for your employer to dismiss you because you're no longer able to do your job. If you've been working for your employer for 2 years or more, they have to follow the correct disciplinary process before they dismiss you.
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How long can doctors give sick notes for?

How long do fit notes last? The rules here are clear. In the first six months of a condition, the fit note can cover a maximum of three months. After that, it can be any clinically appropriate period.
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Can I ask for redundancy due to mental health?

Like physical illnesses, mental illnesses can affect employee's lives at work. If an illness makes it impossible for an employee to do their job, then employees can be dismissed due to mental health—following a full and fair process.
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What are valid reasons for redundancy?

The reasons for selecting employees to be made redundant have to be fair and genuine, legitimate reasons for redundancy include:
  • Attendance history and punctuality.
  • Skill and experience level.
  • Performance history.
  • Disciplinary records.
  • Length of service.
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What criteria can be used for redundancy?

Examples of selection criteria could include:
  • standard of work or performance.
  • skills, qualifications or experience.
  • attendance record, which must be accurate and not include absences relating to disability, pregnancy or maternity.
  • disciplinary record.
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How do companies decide who gets made redundant?

Selecting From the Pool of Employees

Skills and experience; Attendance and disciplinary records; Standard of work performance; and. Aptitude for work.
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How long can you be off work with anxiety and depression?

There isn't a specific answer. Under the Equality Act 2010, any mental health condition that has long-term (12 months) or substantial effects is considered a disability. So how long can you be signed off with depression? For as long as you need to get better.
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Can you be sacked while on stress leave?

Can you be sacked when you're on workers compensation or stress leave? The NSW Workers Compensation Act 1987, Part 8, essentially prevents employers from terminating an employee who has sustained a work injury of any kind, purely because they're unfit to resume work within the first six months.
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How much compensation can you get for emotional distress UK?

...of up to £5,000

An award of over £1,500 and up to around £5,000 is appropriate where the mistakes cause sustained distress, potentially affecting someone's health, or severe disruption to daily life typically lasting more than a year.
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How do you prove stress at work?

Proving That Stress or Anxiety Is Work-Related
  1. The working conditions must be objectively stressful;
  2. The believable evidence must support a finding that the worker reacted to the conditions as stressful;
  3. The objectively stressful working conditions must be “peculiar” to the particular workplace;
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Does long term sick affect redundancy?

The employee's long-term illness or injury is not a valid reason for making a role redundant.
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Can I be disciplined for being sick with a doctor's note?

Pretending to be ill when you are not would be misconduct and if discovered, is likely to have disciplinary consequences. Even if all your sickness absences are genuine and certificated, you can still be given a formal warning because of high levels of sickness absence.
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How is stress diagnosed?

A thorough, stress-oriented, face-to-face medical interview is currently the most practicable way to diagnose stress and its effects. It remains for future research to develop a cleaner methodology to diagnose this elusive, yet, all too common medical entity.
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