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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48189
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am currently on sick leave due to cancer. I work for the

Resolved Question:

I am currently on sick leave due to cancer. I work for the nhs as a Team Lead (nursing) I have recently seen a permanent position advertised on NHS Jobs that was part of my role as an Immunisation team lead. I have never been consulted regarding the change to my position and my responsibilities, is this discrimination?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?

Customer:

16 years for this particular trust 8 years in my post as team lead. Total 38 years in the NHS

Customer:

Sorry Ben are you still available?

Ben Jones :

Hi sorry my connection dropped earlier. Do you know for certain that it is your specific job that will be changing or could this be something separate to what you do and perhaps a new position that may be slotted alongside yours?

Customer:

I had operational management of the team along with other responsibilities. The Job description states operational management of a designated immunisation team (this is part of my current role) They are saying this is a new post but they are taking away my existing role so I will no longer have this responsibility. The job description is 95% of what I do. Sorry I hope this is clear.

Ben Jones :

Do you know why they are taking away your responsibilities?

Customer:

No an explanation has not been given to me I have not ever been consulted.

Ben Jones :

Thank you. This will only be discrimination if the reasons behind the employer’s actions is due to your condition, rather than anything else that is not connected in any way. It is certainly possible for their actions to be driven by other factors which are unrelated to your illness so it would be important to consider whether this could be the case or if this is mainly or at least partially due to you being off sick or suffering with cancer. If it is, then you could certainly consider raising the argument of discrimination because you are being treated less favourably due to a recognised disability (cancer is automatically classified as a disability in law).

Before you consider going down that route you could perhaps think about trying to get some answers from them about the reasons for their decision. If needed you could do this through the formal grievance procedure as that is there for you to use if you have any concerns about aspects of your employment with them and it would prompt them to formally investigate the issues and provide an official response, which you can appeal if you are unhappy with.

After that, the option of discrimination does exist and this is something you can pursue in the employment tribunal if necessary.

Customer:

Thank you should they not have consulted with me before putting out this position?

Ben Jones :

if your job is being changed as a result then yes, they should have. If they just go ahead and change your job without at least discussing it with you and especially without your consent, then it could amount to breach of contract, give rise to a constructive dismissal claim and also could amount to discrimination depending on the reasons for their actions

Customer:

My job is certainly being changed as I will no longer have responsibility for this team. If I had not come across the advert I would be returning to work not knowing anything about it or given the opportunity to apply for it thus reducing my hours due to my health.

Ben Jones :

the same principles as mentioned above would apply to this, your options are as discussed, you have to consider which way you wish to pursue it but I would always suggest you start with the grievance first

Customer:

Thank you

Ben Jones :

you are most welcome

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