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Is redundancy an option? Employee had an accident and has not being doing usual role but temporarily another remotely.

Hi all, 

We have a case whereby an employee who was employed as an office worker (job role cannot be worked remotely) had an accident at work. They are working, currently not on sick leave and receiving full pay. Adjustments were made for the employee to work remotely in a different role/department temporarily and there would be no option for a full time, permanent role in what they are temporarily doing. It has been 9 months and the employee at times has considered returning to the contactual job role, which is office based but keeps changing their mind from time to time about it. 

Since they have not been doing that role for the 9 months, we question whether that role is now needed as the duties haven't been carried out and the business seems just fine without that role in place, evidently. 

Can this be a redundancy case or may there be any tricks parts to this scenario? Anything to think about here?

They have been employed by the company 1 year, 1 month.

Thanks Community!

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  • You say someone had an accident at work but are working temporarily elsewhere. Is this directly because of the accident? Is there an H&S reason or potential fitness to return to work in the contractual role which is preventing such a return? Have you sought any OH advice about it? Can you make any reasonable adjustments that enable a return to the contractual role?
    I'm a little unclear as to why the individual is being given the option to "consider returning" and why they keep "changing their mind". If the workplace is now safe and the individual has recovered and is able to work in their contractual role, why hasn't this happened?
    I'm not sure I would view this as a redundancy but it may ultimately be a capability reason if there really are valid reasons that the original job is not suitable and you can't provide reasonable adjustments or offer an ongoing permanent full time role elsewhere in your business.
  • One year one month is less than 2 years so why are you worrying?
    Welcome to the Community
  • One year one month is less than 2 years so why are you worrying?
    Welcome to the Community
  • In reply to Helen:

    Hi Helen,

    I've just joined the company and getting more of an understanding around it.

    The employee has been away from the office due to post symptoms from the injury which is ongoing and there is no cure but just for home that overtime it will improve and eventually go away. They have been taking medication to help with everyday life and has explained that there is still ongoing side effects hence not returning to their contactual role and being based in the office.
    (But how long can this be dragged out or allowed?!).

    i did check if occupation health (external) has been covered and the employee confirmed not.

    Thanks Helen, I guess this step needs to be covered and then capability process.
  • In reply to Peter Stanway:

    Not so much a worry, but more so on what the best approach/practice should be in this situation.

    What process/procedure would you take?
  • In reply to Mellissa:

    I would deal with it as a redundancy but I don't have the full facts.