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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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My employer is threatening to sack me unless I give flexibility

Resolved Question:

My employer is threatening to sack me unless I give flexibility in my working hours basically being available to work from 0545am to 2200hrs. Are they allowed to change my contract even if I disagree. The threat is that they will sack me and ask me to work under a new contract and if I do not agree the sacking will stand.
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. How long have you worked for the employer for?

Customer:

20years less 2 weeks

taratill :

Hello what business reason are they giving for this change and have they given 12 weeks notice ahead of issuing the new contract?

Customer:

Not enough staff on certain hours of the day and they need all staff to give more flexibility. We have not reached the sacking stage yet and I am being asked to provide a letter from my doctor and family details before they make the decision on whether the extra flexibility I have already offered along with my reasons for not being totally flexible.

taratill :

Just so I have all the information what reason do you have for not giving full flexibility?

Customer:

Family commitments and health issues.

taratill :

can you expand on the health issues, in particular is there anything that is long term and has a significant impact on your ability to carry out day to day activities (this could amount to a disability for employment law purposes)?

Customer:

Depression and neck and back problems that would be exacerbated by heavy lifting etc. I am only part time working in a supermarket.

taratill :

Hi has your employer sought any medical evidence from you in respect of these issues?

Customer:

They have been informed. the back injury was a result of work related accident the neck problem is caused by age related wear Arthritis and they have been in the past provided with doctors restrictions covering the back and neck. I am 58 years old.

Customer:

They are now asking me to pay for a letter from my doctor. I have an appointment with my GP on Friday.

taratill :

Ok thanks, ***** ***** your original quesiton an employer is entitled, from time to time to change terms and conditons to meet the needs of the business, in order to fairly do this they should consult and take into consideration employees' individual circumstances and, in the event they conclude that they still need to make the change they can give notice of a change in terms and conditions. If they do this , at the end of the notice period the contract is treated as terminated by the employer and it is up to the empoyee to decide if they are prepared to work under the new terms. If they are not then the contract is treated as terminated by the employee and the employee has the option of claiming unfair dismissal.

taratill :

On the basis of what you say I think that it is unreasonable for your employer to expect you to change. I think that it also potentially amounts to disability discrimination and to indirect age discrimiantion.

taratill :

I would suggest you raise a grievance on this basis and say you will claim if they go ahead and do this.

taratill :

It is also unreasonable for you to be asked to pay for the medical evidence. If your employer require the information then it should be at their expense.

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. Thank you and all the best.

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