I agree but my worry is that in this day and age some employers are still running businesss like a modern day slavery. The law exists but as if they don’t really care

I agree and I took advice from external solicitor just to be certain that I am in the right. Due to all this stress my mind has gone blank to a level that I am even struggling to concentrate on basic things.

The union advised that I send in all the evidence for them to access. They will do vetting to ascertain if I have any real prospects for case and if yes they will send me to partners solicitor firm

I really appreciate this advice and I am looking into available help recently. The issue is that the cost of such service such as childcare and carers outweighs middle class income. I am therefore looking into Citizen Advice and social services. I have seen a solicitor yesterday with all paperwork and they have advised that I have a very strong case of resigning and claiming constructive dismissal or if I get sacked then for unfair dismissal. The issue around AWOL and previous issues shows that employers are retaliating as I am questioning them by writing to them. However, the solicitor needed barrister advice to ascertain chances of winning and that would be at a heavy cost. I am so stressed with all this that I am struggling to cope with day to day life tasks.

I edited the later half of the message which was posted as another reply. Sorry for the inconvenience. Most importantly do you not think by me raising objections a status quo would apply to employers decision? And given I have told employers that I am awaiting response and doing shifts under my old terms and also informed them that I won’t be in days they are proposing where do I stand with AWOL Hearing

Hi Sangie I checked again and My union representative have asked me to seek legal advice. Once again I sought assistance from union’s legal department and they advised to send me paperwork so they can begin initial vetting for potential claim of unfair dismissal. For their advice I should tell my employer that I will be working under protest. But biggest question is how? Given my circumstances Also even if we play devils advocate and say employer can anull my flexible working then when I raised objections against their decision should status quo not apply? My issue is that I have received no response from management and they are pursuing investigation path for me not attending work under new terms based on their decision and ignoring to Answer to my objections. I have even turned up to work on shifts under my flexible working only to be sent home and I have also informed management that I won’t be in on days they are expecting me to as I have written my objections to their decision twice but not heard anything back. Where do I stand in an AWOL investigation given these circumstances?

Hi Sangie I checked again and My union representative have asked me to seek legal advice. Once again I sought assistance from union’s legal department and they advised to send me paperwork so they can begin initial vetting for potential claim of unfair dismissal. For their advice I should tell my employer that I will be working under protest. But biggest question is how? Given my circumstances Also even if we play devils advocate and say employer can anull my flexible working then when I raised objections to them

This is the advice from Regional/Head Office

I have raised formal concern, both during the meeting and in a formal letter of concern that I have carer responsiblity and childcare responsibilty and warned the employer about the the impact of these changes to welfare of myself and my family. I have formally informed them that I need to carry on flexible working due to this very reason

Union is looking into this matter and according to them the employer is at wrong and they can assist for unfair dismissal once I get sacked, NOT before

Thanks Emmzzi, According to ACAS link An existing contract of employment can be varied only with the agreement of both parties. Changes can be agreed by with either on an individual basis or through a collective agreement. When any change to a contract of employment occurs the employer should give written notification of the changes in writing, within one month of the change taking effect. As I said in our meeting we were not even given a chance to say our side and were given 2 weeks time for this change to implement. Bigger issue is that now company is taking me down the route of disciplinary for AWOL

Hey Guys, See if you guys can assist me. I have been working Flexible Working since 2015 as I look after a disabled wife and a child. Recently during a meeting with my manager, my manager informed me that he wants to cancel my flexible working and wants to increase my working days from 3 (under flexible working) to 5 days a week. I was given 2 weeks notice and given a date when this change will be applicatble. I objected to this decision, but the manager simply announced his decision and ended the meeting and said no further discussions. I received his decision in writing with inaccuracies in statement to which I objected, as his decision contained various factual discrepancies and asked him to give me evidence to substantiate his reasons. I have however, not yet received them. I further wrote to them formally rejecting the proposed changes to the terms of my contract and informed them I would be sticking to the currect terms of my contract and would be working 3 days a week only. I then received phone call asking how I was from another manager as I had gone AWOL. I asked this manager to check my 2 letters that I sent in and have not received a reply to yet as these letters clearly address that I do not agree to new terms and I would be work 3 days only. I then had further discussion with another manager and I told him exactly the same that I am expecting a reply to my previous 2 letters. I then received a letter from another manager informing me that I have gone AWOL and if I do not turn up under new terms i.e. 5 days a week I will be marked down AWOL. Today I have received another letter calling me in an investigation for Disciplinary hearing regarding my AWOL. All of this is despite: 1) Management, unilaterally changing my terms of contract. 2) Management, not replying to my objections I raised in response to their decision. 3) Me formally rejecting their proposed changes. 4) Me informing them that I will be doing my shifts under flexible working and that I have not had response to my 2 letters. Can someone kindly guide me, 1) am I wrong here? 2) Can I be sacked in this AWOL hearing? knowing that I have already told them why am I not turning up to shifts? 3) Can flexible working be unilaterally changed? 4) Should there not be a status quo applied till my objections raised are answered? Thanks

Thanks Sangie, My understanding of law is clearly different to yours (your knowledge is far better), and I found your messages very useful. To answer your question, HR has recently written confirming that his outstanding grievance is still active if he wishes to pursue it. Therefore, even though you do not agree, I still strongly believe that a manager with an outstanding grievance should not be contacting person who has laid allegations against him. He requested transfer because he was already working in that department. Only difference was that his salary was paid by another department so he thought why not just get transferred officially to the department he was already working in. He was already sick for stress too, not for Schizophrenia, there was a history of mental illness but it was not present at the time of actual incident. They were under control for few years (no medication, no treatment) but they kicked in again as a consequence of the trauma he suffered.

But how fair was that manager who actually has an outstanding grievance against him trying to establish contact? I previously mentioned that the doctors etc said have contact with family is fine but directly contacting him was only worsening his condition. We even suggested contacts to be maintained via occupational health physicians. May be because I do not have any experience of the law I take your words but lets see how things turn up.

Sangie are you saying that if company wants to make changes to an employee's contract then this employee is not entitled to a union representation? He had a Flexible contract in place and manager wanted to make changes to that contract. I may not know much but I would definitely say that if meeting is about making changes to work patterns or contract of work an employee is entitled to union representation

No but being a male childcare is not his responsibility and therefore he should not be working Flexible Working Hours. Manager directly made remarks that because he is a male he is more needed at work because females cannot carry out same duties as him and that childcare is not company's responsibility

My brother use to work Flexible Working and he transfered departments. While he was off sick he received letter confirming transfer being approved. Few days later his manager new manager (from department he got transfered to) called him and told him he wants him to work full time due to shortage of male staff members. My brother told manager firstly he is off sick so manager should not be calling in to discuss work. Secondly, when he applied for transfer he applied for it under same conditions and Flexible Working was included in transfer request therefore, if manager recently lost few male members of the team then manager should rather recruit new members than to call him up while he is already off sick and stress him further. On his return to work after his shift, manager shouted accross the room to ask him to come for a meeting (No previous notice was given for this meeting). When my brother requested he needs a union member because meeting involves making changes to working contract, the manager refused and said he will not be waiting for any union reps. He wanted my brother in his room in next 5 minutes, he then made various gestures and comments which were heard by staff members present. My brother gave into the pressure and took a member of staff in the meeting instead and I cant share the details of particulars of the meeting. All I can say that he was bullied and harassed further during the meeting. So I dont understand when you say "my brother was not entitled to a union rep". My understanding is that any changes to your working pattern or contract allows an individual to be accompanied by a union rep. He did informed the manager though that his conduct and improper attitude including calling him on days off and while he was being sick for stress was severely aggravating his condition. A grievance was also raised against concerning managers. Considering my brother was already stressed few further instances happened when the company acted in a way they should not have acted and that lead to the incident in which my brother suffered paralysis. According to medical evidence from range of doctors, OH Physisans and consultants that was directly related to series of incidents that happened at work. Then the team of medical professionals further wrote to the company not to engage in direct or indirect contact with my brother because that was further aggravating my brother's condition. This advice was again overlooked by the company. Maybe as you said advice from GP, Consultants and Occupational Health physicians are just recommendations but I do believe some sort of help and understanding from company could've prevented further damage. But being reasonable at the same time the company was given a choice of speaking to directly to the treating GPs and consultants to know about the progress of his recovery. Furthermore, company was also given choice of establishing contacts with his wife and me. We assured company we were willing to attend any meetings as my brother was deemed not suitable or in a mental state to deal with such meetings by Consultant Psychiatric. To make things worse his manager, the same guy who was responsible for creating all the mess, the same guy against whom a grievance was lodged was still trying to make contacts both directly and indirectly despite knowing there is a grievance against him in which there are some serious allegation put against the manager. May be Sangie you are right, may be we are not thinking correctly as we do not have any experiences like that in the past. But from where we see this could've all been avoided if things were done slightly differently.

Sex discrimination and discrimation as he worked flexible working

Thanks Sangie, we have sought professional legal advice on this matter and my brother may have a few case or so against employer for both employment and personal injury side. My brother should've been this scheme nearly a year ago but it is undue delay from insurers that has caused him not to be on it. So for example his appeal is upheld either by Ombudsman or insurers he would automatically get money backdated to last year. The reasons we believe employers may lie is that because it is all brought down on my brother as they have bullied, harrassed and discriminiated against him and there are evidence and witnesses to this. So this leaves them open for personal injury and employment law claims. Having checked the documents received from insurers there is no mention or instructions to employers that an offer should be made to my brother. Then there is also mentions that these injuries are caused due to incidents that were caused by the company. So in a way insurers are telling company that they are the ones who have created the mess and need to sort it out. And either way because the money offered is so low my brother's wife has already turned the settlement agreement down so now its definitely off the table.

Fishy because I having checked the document file from insurers, including all the correspondence between insurer and company I fail to see any mention or instructions in which insurer has asked employer to put forward an offer to us on insurer's behalf. Usually that would've been on letterhead or atleast in writing but there is not even a mention that insurer has asked such a thing to employer. Also the question I fail to understand is that why would insurer pay even a penny when they believe he does not meet their criteria? Actual injuries were caused due to work related stress which were a direct reaction of bullying, harrasment and discrimination that took place at work. Then a proper grievance was filed and there are further aggravating features from the company where they were aggravating condition by simply not following advice of medical professionals. Now if you think in this context then his company definitely may have some reasons to offer him Settlement Agreement by saying it is from insurer, because then it then covers them from all the possible future claims.

Thank you Sangie, I do not agree that the matter cannot be taken to Ombudsman because it is a part of appeal process and I have checked that once the appeal is rejected we have the right to appeal to the Ombudsman. The issue here is that money offered is so low that even backdated pay (if appeal is upheld either by insurer of Ombudsman) will be more than compensation offered. I am not even commenting on any future financial losses or loss of employment at this stage. Secondly, we have been told by employers that my brother does not meet the criteria to be on the insurance scheme. So if that were the case then why would insurer offer anything if they believe my brother does not meet criteria? Also by signing the agreement my brother will surrender all the rights to bring in any claims against the Employers NOT Insurers. Why would an income protection insurer pay to save employers from future lawsuits? And now having checked paperwork and correspondence on my brother's file that took place between employers and insurers I fail to see any mention that insurers have instructed employers to make any offers to my brother. Does that not sound something fishy on employer's behalf?

NO!! And now we have also received SAR back from insurers and it contains all the communication that has taken places between employers and insurers and there has not even been a single mention of insurers requesting or instructing employers to make any offers on insurer's behalf. This only conforms to our suspicions that employers have possibly lied to us

There are couple of issues though. Even they have offered Settlement Agreement shouldn't the money offered under agreement be practical reflection of the losses suffered? Also we suspect that his company is lying as they have offered money quoting its from insurer; but on the other side they are saying insurers do not believe my brother has a valid case. Why on earth in such a case insurance offer even a penny when they can walk away without paying anything? And most importantly if hypothetically the insurers have offered money then why would they mention in details not to bring any claims against company? Don't you think more sane logic will be to cover themselves against any lawsuits rather than the company?

Guys since there has been some time that has elapsed there is some new progress and I need some help with it: Despite family, GP, Occupational Health and Consultants warning the company not to make contacts with my brother, because it is being counter productive, the company still continued contacting my brother on several occasions which according to medical opinion, is something that is not letting my brother make an effective and timely recovery. On the other hand my brother's company holds an Income Protection Scheme for people on long term sickness. Once someone is on this scheme the company keeps them on books (no retirements on medical grounds). My brother should've been on it in November 2016 but he did not hear back from insurers until April 2017. This is approximately 5 months later than he should've been receiving this Income Protection. Insurers being insurers refused him on some very lame grounds and declared him being fit and able to carry out his normal duties without any clinical examinations. His treating doctors and consultants were consulted and we gave further evidence, based on clinical examinations from various medical professionals which included GP, physiotherapists, different consultants and even company's Occupational Health Physicians. They unanimously agreed that my brother is NOT FIT FOR WORK. Therefore, the opinion was that the insurer's were wrong in their assessment which did not include clinical assessment. In August 2017 an appeal was put in against this decision, this was within timelines. However, once again we did not hear anything back from the insurer. Recently he received a letter from the employer (despite been advised not to make direct contacts), that the company wants to come around to discuss outcome of the Insurer's Income Protection Appeal. When we reminded management about medical professional's advice including company's own Occupational Health, the managers decided to meet me and his wife instead. We were expecting an outcome for the appeal, however the company offered us Settlement Agreement instead. The key point of that conversation were as follows: Insurers believes; my brother is unlikely to return to work anytime soon due to his condition; However, my brother does not meet insurer’s criteria to be on income protection scheme; but, insurer does believe that my brother does have some condition that affects his ability to work; therefore, insurer would like to make an offer; i.e. Settlement Agreement. HR manager further said, that my brother needs to consider carefully as insurer has made an indication to company, that my brother’s appeal to be on income protections is more than likely to be rejected. In such case; Since my brother has been off sick for a long period of time, the company will begin Long Term Capability Process in earliest; and my brother is likely to lose her job as a result of Long Term Capability, in which case my brother will lose out on any offers made under Settlement Agreement and will only receive monies for notice period and outstanding holiday pay. The Problem with this Settlement Agreement was that the money offered was too less. If for example my brother's appeal were to be successful the backdated pay itself would've been more than the sums offered, let alone loss of employment and future employability. Also, this would mean that my brother had to agree not to bring in any lawsuits against the employer and there were a list of conditions such as My brother will not bring in any lawsuits for: (a) any harassment and bullying my brother suffered; (b) any personal injuries that were caused as a result of this harassment and bullying; © any breaches of employment law; (d) discrimination etc There were further issues that raised our doubts: (i) If insurers believe that my brother does not meet their criteria then why would they pay him even a penny let alone the sums offered? (ii)If insurers are offering this Settlement Agreement then why is that every clause is about protecting possible wrong doing of employers and not to bring any claims against employers? The insurers should've been trying to cover themselves from lawsuits rather than employers We suspected that it might be employers who are not being completely honest to us and after careful consideration we turned the settlement agreement down. We indicated to manager that in case of our appeal getting turned down we will be taking insurer to Financial Ombudsman and if we won then just the backdated pay itself will be more than the money offered. Secondly since, the settlement agreement was offered by long term sickness pay protection insurer we were not willing to agree to give in any rights to bring in lawsuit against the employers. As a result we have been advised that the company will now try to follow up Long Term Sickness Capability process in earliest and will NOT wait for us to take this appeal to Financial Ombudsman. The question is: 1) Is it fair for the company not to wait till the appeal is taken to Financial Ombudsman and is decided? 2) Is it fair for the company not to consider that the delay itself is caused by their chosen insurer? The insurers were 5 months late in telling us initial decision and they are holding on to Appeal since August 17 (nearly 4 months)? Because if this was decided then there would be no need for any capability as my brother would've automatically secured his job 3) If the company dismisses my brother on Capability then will he lose the right to be on the Income Protection Scheme? As this is a part of benefits he receives being in this job? 4) If that were to happen then can we file a case against Insurers for the loss? Thanks for your help

When I counted 10 working days I accounted for Bank Holidays. I asked just in case if them not replying back in 10 working days, after they said they would gives me a chance to appeal due to breaching of timeframe. Hence, I asked if anyone is aware of any case studies/previous cases where such claims be won by fine issuing authority not replying back in agreed timeframes?