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Dismissal during reintegration
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Sick and made redundant? Here are your rights
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Can you be made redundant whilst on a return-to-work programme? The short answer is: no, this is not permitted by law. During periods of sick leave and return-to-work programmes, there is a ban on redundancies, which means that, in principle, an employer cannot simply make you redundant. Nevertheless, it is not uncommon for employers to make staff redundant during a return-to-work programme to work towards the termination of employment, for example through a settlement agreement. On this page, you can find out which rules apply and what you need to bear in mind.
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- Can you be made redundant whilst on a return-to-work programme?
- Dismissal during Track 1 reintegration
- Dismissal during Track 2 reintegration
- Can your employer propose a VSO during the return-to-work process?
- Resigning whilst on a return-to-work programme: is this a good idea?
- Strengthen your position with our legal advice
- I can assist you with dismissal during the return-to-work process
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- Frequently asked questions about dismissal during a return-to-work programme
Can you be made redundant whilst on a return-to-work programme?
In principle, a ban on dismissal applies during your return-to-work programme. This means that your employer cannot simply dismiss you whilst you are unfit for work and are in the process of recovering or returning to work. This ban on dismissal is intended to protect employees whilst they are off sick.
Nevertheless, it is not uncommon for employers to discuss the possibility of terminating an employee’s contract during a return-to-work programme. This is done, for example, via a settlement agreement (VSO). In some situations, this can actually provide clarity and a financially favourable solution, provided the agreements are set out in a legally sound manner. Would you like legal advice regarding your situation? If so, please contact us straight away.
When is dismissal during a return-to-work programme actually permitted?
Dismissal during a return-to-work programme may, for example, be considered where:
- you and your employer enter into a settlement agreement;
- your fixed-term contract expires;
- there is a serious ground for dismissal, such as fraud, theft, threats, violence in the workplace or a deliberate and serious breach of company rules;
- the company goes into liquidation;
- or if you have been unable to work for more than two years (104 weeks).
Dismissal during Track 1 reintegration
During the first stage of your return-to-work process, we will assess whether you can return to work within your own organisation. This may be in your current role, but could also involve adapted duties or another suitable role with the same employer. Both the employer and the employee have statutory obligations regarding your return to work during this period.
During the first phase, tensions can sometimes arise between the employer and the employee. For example, when a dispute arises regarding your capacity for work, suitable work or the progress of your return to work. In some cases, an employer may already be moving towards terminating the employment contract during this phase.
Note: During Track 1 reintegration, there is a ban on dismissal.
Dismissal during Track 2 reintegration
During the second track of your return-to-work programme, your employer will assess whether you are able to carry out suitable work with another employer. A second-track programme is usually initiated when a return to your own organisation no longer seems feasible.
It is precisely at this stage that redundancy may be discussed. During the ‘second track’ process, employers often push for a settlement agreement, for example because it becomes clear that a return to your original role is no longer possible. However, this does not mean that you are obliged to agree to the termination of your employment.
Note: During Track 2 reintegration, there is a ban on dismissal.
Can your employer propose a VSO during the return-to-work process?
Yes. During a return-to-work programme, your employer may propose a settlement agreement (VSO). This can happen during both the first and second tracks, for example when a return to work is uncertain or when the employer and employee wish to reach clear agreements about the future.
A VSO does not necessarily have to be a bad thing. In some situations, termination by mutual consent can actually bring peace of mind, clarity and favourable financial terms. However, it is important that the agreement is drawn up in a legally sound manner, particularly if you are still unable to work.
Incorrect arrangements may, in fact, affect your pay or WW entitlement. You should therefore always have a settlement agreement legally reviewed before signing it during the reintegration process.
Resigning whilst on a return-to-work programme: is this a good idea?
We strongly advise against resigning of your own accord whilst you are undergoing a return-to-work programme. If you terminate your employment contract yourself whilst you are ill or unable to work, this could have significant consequences for your income and benefits. In many cases, your entitlement to your salary, sickness benefit and, possibly, unemployment benefit will cease.
Can you be made redundant whilst on a return-to-work programme?
I can assist you with dismissal during the return-to-work process
My name is Robin Sieverdink, employment lawyer and specialise in dismissal cases and settlement agreements. In my work, I often see employees agreeing too quickly to an unfair proposal from their employer. I have made my initial consultation free of charge, so that the barrier to seeking legal advice is low.
I will assess your situation carefully, taking into account not only the legal provisions but also the implications for your income, benefits and future reintegration. You will receive clear and practical advice, tailored to your personal circumstances.
