Can they do this

[toutvent]

Hello all

I have worked a long time for a company, 17 years in total, the last 14 years I have done a job that is different to my first job way back when I first started at there request. 3 years ago I had a fall at work that has left me with a disabilty, I have carried out this role until now, they tell me I have to take a lower paid job £10.000 a year due to the fact I can no longer do the job I joined to do and it's all about costs. I feel I have an implied contract and any changes to my T&C'S would be discrimination or at the very least Victimisation. any help please.

[Ell-enn]

Hi there, firstly - did you have a claim from your employers for your accident at work? also, has there been any consultation with you regarding changing your job?

[cal37]

Hi,

 

You would have a case under customs and practice, 14 years of doing a job would prove its an implied fundamental term of contract through custom and practice.In fact 3 years of doing even after your fall just adds weight to it.

 

Put a letter of grievance in and fight this.

[toutvent]

Hello back now,

Yes I do have a claim for injury, grievance put in, as I have a mobilty disabilty and come under the DDA law can they just change my Terms and conditions when ever they please? , is the law on my side as I have done this job for such a long time now and changes are in there words ( based on costs) my employer employs over 100.000 people. Can they sack me and offer me this role that I have done for the last 14 years at a lower rate? done forget I have a disabilty and other people on the same T&C'S are doing this role as well as me. DISCRIMINATION or what.

[toutvent]

My employer has written to me informing me of the role change, and my T&C'S will be changed, no reason given, and no offer of reasonable adjustmemts to the job I am doing, if this is the outcome of my grievance and I think it is I will appeal, how long do they have to set up an appeal? not another 28 days I hope.

[poppynurse]

I would speak to the union, ACAS and the disability rights commission and prepare to argue your case.

[cal37]

Sorry but its 28 days max, you can ask that they deal with it asap, however they can tell you no.

 

Did you have a grievance meeting? Was notes taken and have they informed you of the result of the grievance hearing in writing?

 

The answer to your question regarding if they can just change your T & C`s is yes and no. It would depend on a number of factors but basically they would have to consult with you the changes and you would need to agree with them.

 

However you say they are a large company, my guess is they have a recognized union on site with a collective bargaining agreement in force. If this is so, the union might of agreed to the changes on your behalf but you should of been informed of the talks by your union.Where this can and does fall down at times is where someone employed there is not a union member,they do not get informed by the union and although the company should keep non union members fully informed many fail to do so.

 

If the union does agree and there is an on site agreement then the change affects the non union members too.

[toutvent]

I have been off work with an injury at work, the injury has lasted for 8 months, I tried last year to go back to work and signed got off to work by my doc however, my employer refused me a return to work due to the fact that they have made no ajustments to my work place or my access, as I have a disabilty, so I have had to remain on the sick, now I want to go back, if I am refused again (what do I do)

[Sidewinder]

If your employer refuses again (in fact you could have challenged this the first time) then you must raise a formal grievance asking why they are not prepared to allow you to return to work. If the changes required are reasonable and would allow you to maintain employment in a mutually agreeable role, then there is no argument on their part. You could then proceed to Tribunal, either to force them to make the neccessary adjustments, or for constructive dismissal. No doubt the DWP would also want to ask questions as to why an employer is preventing a fit and well employee returning to work.

 

You may already be aware but you can gain some useful information from HERE and HERE regarding your rights and emploer's obligations.

[toutvent]

Thank you Sidewinder, I did raise a grievance at the time but they refuse to talk to me or reply to this issue, I have also asked the union to help but for some reason they dont want to go against the company, I have been on the sick for some time now and I want to now work again. If you read the run up to my last post you will see I have an issue as to my implied T&C's, if I go back all they can do is to force the 90 day change of my T&C's and I could return back and work under duress and go to court and sue for a fundermental breach of contract, ( is this right?) I have not been paid for my time off when I feel they should have sent me home on full pay, or redeployed me at the very least.

[toutvent]

If I put my employer on notice that I need some reasonable ajustments to allow me to do my job safely, as I have at this time a disabilty that they know about, and in spite of an informal grievance put in they do nothing for 15 weeks, then I suffered an injury due to a fall because of there failure to make any ajustments at all, can I claim discrimination and failure to make reasonable ajustments?, I have looked at the DRC site and I am covered under the DDA law. Any help at all be would great.