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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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I have been working in my job for15+ years & the last 3 years

Resolved Question:

I have been working in my job for15+ years & the last 3 years have been ill & recently told have cervical spondylitis so now only available to work 6am to 12 Monday to Friday & have been told I know have to make myself available to work sat has opted out of Sundays can my employer make me do this have told them will drop a 5th of my contract but only do 16 hrs per week anyway but don't want to give my job up if can possibly carry on working . We have my granddaughter Friday till sat lunch time to allow my daughter time off has she is a single parent can I be made redundant for. This reason
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today.

taratill :

Have you been suffering with the symptoms of cervical spondiliitis over the last 3 years?

taratill :

Why have you been told you are required to work Saturdays?

Customer: Yes am still under consultant & just started physiol
taratill :

Thanks, ***** ***** tell me why they have now asked you to work saturdays?

Customer: Aparently new company structure had to provide medical reason for early start & finish due to medical reasons they have accepted but now want me to do a Saturday even tho never worked Saturdays the whole time worked for the company
taratill :

Is it only you who is being asked to work Saturdays or everyone?

Customer: Every 1 works different shifts but me to do offer more availability
taratill :

Sorry can you clarify if only you have been asked? I'm not clear from what you have typed above.

Customer: Every1 does different shifts according to their availability since I haven't offered to work Saturdays they are now asking me to
taratill :

Ok but to be crystal clear you are not the only person who has been asked to do Saturdays? I understand your point about other peoples availability.

Customer: Yes just me has most staff do Saturdays already
taratill :

Is the reason you do not want to work the saturdays to do with your health or to do with seeing your granddaughter?

Customer: Both has only time husband at home sat & sun so we have granddaughter fri so daughter can work
taratill :

OK you should raise a grievance about this on the basis that your health will suffer if you are required to work additional hours over and above those recommended by your doctor. In addition as you have never been required to work saturdays previously this amounts to a change in terms and conditions to require you to work Saturdays now. You should remind your employer that you have a disability for employment law purposes and that they have a duty to make reasonable adjustments to assist you in work and not to subject you to a detriment on the basis of your disability.

taratill :

You cannot be made redundant for this reason as the job still exists.

taratill :

If your employer decides to dismiss you it would have to show that it is reasonable to do so. On the basis of what you say it will struggle and you would be able to claim unfiar dismissal and also disability discrimination in the event that you were dismissed.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer.

Customer: Have already spoke to manager about that change he said company with in their right to make me reduntant
taratill :

Your manager is wrong. They cannot make you redundant if the job that you do still exists. If they made you redundant you can appeal and claim in the tribunal.

Customer: Ok thank you
taratill :

No problem, I do suggest you raise a grievance to clarify the position. I would be grateful if you would rate my answer and do come back to me in the future if you need to.

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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