Duped into resigning...

[yesir]

Hi
My mum was on long term sick leave due to arthritis, she had continued to sent the employer sick notes. She had been feeling better the last few months, following her op, and her doctor advised her that she was fit enough to return to work but she should ask for light duties and work part time until she felt able to work normal hours - this was provided in a fit note.

She had a meeting with HR and they advised her that 1. they could not accommodate her request for light duties and 2. if she opted to return she would need to start working the full 8 hours. They said these were non-negotiable and that if she wasn't able to return that she should resign, as they woudn't be able to accept any further sick notes.
My mother then signed a document resigning from work.

1. I thought the employer that a legal duty to make amendments if a person is returning to work after look term sick.
2. Has my mum lost out on any benefits by resigning i.e was it worthwhile for her to continue to submit sick notes and for the employer to make her redundant?
3. Can she do anything i.e. resolve her resignation or does she have any other options open to her.

[sean5302]

Re: Duped into resigning...

Hello yesir and welcome to the forum.
A few answers for you.
1. The "fit note" should detail what your Mum is able to do. It contrasts with the old "sick note" which stated that she was sick and unable to work. A company should try and accommodate her, but if there are no such jobs she will be managed as part of the absence policy.
2. Yes, she may have lost out on several benefits such as money in lieu of notice, holiday pay even whilst being off ill, sick pay or simple salary. You misunderstand redundancy. A person is made redundant if their job ceases to exist. It's the job that is redundant, not the person. She would have been dismissed for failing to meet attendance standards, not been made redundant.
3. How long was she employed there? She might be able to go to a Tribunal and claim constructive dismissal if employed over 2 years, but the success rate is very low.