Hello, my name is Ben and it is my pleasure to assist you with your question today.
Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know what you would like to achieve ?
i would like to know my legal position
and if the company has created a legal issue or acted illegaly under employment law
Thanks for your patience, can you please confirm:1. When were you demoted?2. How long has the injury been going on for?3. Does your contract say you can be demoted?
2 weeks ago
the injury has been going on for 18 months as the doctors have given me anti-inflams then physio then back to the docs for more pills as the physio didnt work i was then given a steroid injection that didnt work at this time one doctor refused to give me more anti inflames as i had been on them for to long and they looked at codien and other pain killers and nerve blockers then i was referd to the hospital where i had another steroid injection this one helped but didnt cure it i was then told that i neeed to see the physio at the hospital as they work closer with the surgeons
as for my contract as far as im aware it doesnot say i can be demoted nor is there a performance clause or a review clause and since my demotion i have not signed a new contract
just for a little bit more info my production manager is the factory manager and the personel manager and the qc manager (he has many hats to wear) above him is the owner and all forns of managment stick together and back each other up and i know they use an out sourced company for legal advice and i can try to get the name of this company if needed ?.
and there is no union in the factory as in they do not sponser/advise on unions but they wont stop you joining a union (and no im not a member) if an official meeting is needed they will only allow a union official or someone from the shop floor. hope this extra info helps ?,
Thanks for clarifying. First of all your employer cannot demote you without having the contractual right to do so, otherwise their actions will amount to a breach of contact. You are employed to do a particular job, the employer cannot change your terms without your consent and without the contractual right to do so. If they believe your attendance falls short below what they expect from you, they can take performance or disciplinary action against you but not change you terms like this.
Your rights will also depend on the nature and severity of your condition. If you can show that you have a disability then you will have extra protection. In the legal sense of the word, disability can have a broad meaning and there is no single list of conditions that qualify. Instead, to establish whether a person is disabled for legal purposes, they need to establish whether they meet the legal definition of ‘disability’.
The Equality Act 2010 (“EA”) defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.
I will break this definition down:
If a person satisfies the above elements, they will be classified as being disabled and will have automatic protection against discrimination, which means that they must not be treated less favourably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if they are likely to be placed at a substantial disadvantage when compared to non-disabled employees.
What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances. Below are some examples of what could amount to a reasonable adjustment:
If someone who is disabled is being treated less favourably because of their disability or their employer has failed to make reasonable adjustments it would potentially amount to disability discrimination. The first step would be to raise a formal grievance. The next step would be to consider whether a claim for disability discrimination should be made in an employment tribunal (bearing in mind that the time limit for claiming is only 3 months from the date of the alleged discriminatory behaviour taking place).
However, once they have made the necessary reasonable adjustments and you are still unable to perform your job they can eventually consider taking formal action under capability laws. They can potentially consider dismissal but before they do so they need to try and offer you any other suitable jobs that may exist in order to try and avoid having to go down the dismissal route.