Hi there Guys, Thanks for replying. It is easier said than done to not make any decisions. This chap clearly isn't clued up and his solicitors don't seem to be advising him well at all. One thing that did concern me was that if I agreed to and signed a new contract it could affect me continuity of service, which I have since found out it could so that's not much good! Add to that, if I did agree to contrcat for less hours, I would be earning under the lower limit threshold for NI and wouldn't be entitled to claiming SSP in the future with this employer. I am going to ring him now and briefly explain that I cannot agree to a change in contract at this point. I may ring ACAS now and speak to them, so I can tell him I have it on some authority. Will keep you posted! Bye all x

Hi there! I'll try and keep this short but it's a bit complex. I am currently experiencing a relapse in M.E. (CFS). I last had it 9 years ago and it took me about 18 months to get right. I have been signed off by my GP for just over 4 months. My 28 weeks SSP ends on Sept 17th 2012. My current employer did not want me to return until I could manage one full days work (7 hours) which I explained could be some way off achieving. They were happy to run to the end of the SSP period and see how I was and even wait after that for me to get fit enough to return. I am awaiting an appointment with a specialist clinic my GP has referred me to. Unfortunately my employer has been diagnosed with terminal cancer and is selling the business. I have met with the new buyer / employer to be to discuss my situation. He is not really aware of SSP laws etc and I tried to explain that it is the employers duty to ensure that by returning to work, even on a phased return, an employee shouldn't earn less than the current rate of SSP. He asked what would happen if they did, was it LAW. I said it was an employers responsibility to ensure the employees financial situation regarding these facts. I said I was ready to return to some sort of work but am contracted for three days a week and can only really manage 3 hours a day, four at a push. My job involves a deal of repetitive movement and requires we remain standing for the duration which is difficult some days for me, not others. He suggested 3 hours per day for five days but I said as I haven't tried any hours for months I honestly don't think I could commit to that. I said in some ways it would be easier to just start a new contract for four hours, three times a week and he jumped at the chance. Basically he doesn't want to pay me if he's not getting something for it, reading between the lines. His solicitor advised him to make us all redundant and re-employ under new contracts but I made him aware of TUPE and suggested he inform his solicitor of it also! I said if he didn't want me to stay and I wasn't fit for the hours required in a phased return then he should request a medical capability report once he is owner and take it from there. I won't put up a fight. I'm honestly not sure I can do a job that physical again in the future. But now I've read TUPE I see he shouldn't really alter anyone's contracts??? If I agree to less hours, I won't get NI paid and if I signed a new contract and it didn't work out I wouldn't be able to claim ESA or job seekers? So am I better to stick to my guns and see it through the proper channels, whether he likes it or not? He siad he will make me redundant then and re-employ me but said 'what if you don't re-employ me?' and he said 'there's a certain amount of trust involved'. May be so but I'm not feeling trusting. If he offered redundancy I would take it, I know it wouldn't be much, only arounf £500 plus accrued holiday but could I still claim ESA or JSA if I accepted it? I fully intend to work again but right now, this is all sapping very precious energy and I just don't think I could manage what I initially agreed to. My Husband is concerned by returning for 12 hours all at once I will getting in too deep and risking another relapse. Please do offer any legal advice you can. Thank you so much for reading. P x