Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is Ben and it is my pleasure to assist you with your question today.
How long has she worked there for?
Hi, not sure if you saw my initial query above - how long has she worked there for?
Hi she has worked there for 18 months
Thanks for getting back to me. If she is contracted to work 36 hours per week then that is what she can expect to be given by the employer. If they decide to reduce these hours it would amount to a breach of contract on their part, especially if there is no specific clause that allows them to do so. There are circumstances when someone returning from sickness absence may be placed on a phased return to work but that is done to help them adjust back into the workplace, not o ‘build up trust’ as the employer says here. Also it is to be done with the employee’s consent, not forced through like this.
In addition to the above, the employer’s action could also amount to potential disability discrimination. If her depression is serious enough and has lasted or is likely to last for more than a year, it can amount to a disability in the legal sense of the word and she will have additional protection in law. It means the employer must not treat her detrimentally because of her condition and by reducing her hours without her consent and the immediate need to do so, they will likely be discriminating against her.
She may use the above to challenge their actions. If necessary she may also go through the grievance procedure to formally complain about this.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?