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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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We are a small workers Cooperative of 5 Employees, one of our

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We are a small workers Cooperative of 5 Employees, one of our employees has been off on long term sick for over 6 months. He is hoping to be signed fit for work by his doctor soon, he currently is working on a full time contract but we wish to change this to part time and to change his role within the business, we have been trying to arrange meetings with him to officially put this too him but he keeps walking out of the meetings when this is mentioned. In his contract it states that he has to have a months notice of any changes to his contract and i understand there is a consultation process we have ot go through but what is our legal position if he just refuses to engage with us about this.
Ian Grigg - General Manager - York Disabled Workers Cooperative
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. What has been the reason for the sickness absence?

Customer:

He had a 2nd heart attack in early March this year and so this was the reason for his absence, though his last sicknote mention Spinal Stenosis which he has also just been diagnosed with.

taratill :

what has happened to his full time role since he has been off sick?

Customer:

The role he had was Senior Co-ordinator but these responsibilities have been reassigned to other people. As General manager I now have most of the responsibilities that he was responsible for

taratill :

So in effect you have decided that you no longer require a person in a full time post to do the role as you can manage without him?

Customer:

Well for the role he had yes, we have offered him a new role but on a part time basis, his contract that he has now states that any changes have to be communicated to him with a months notice

taratill :

ok one final question how long has he worked for you in total?

Customer:

He was a founding member of the cooperative so 4years

taratill :

Ok thanks, ***** ***** the fact that your employment contract says you may make changes this will not be easy unless he agrees to it as he could resign and claim constructive dismissal if you attempt to give notice. This is because you in effect have a redundancy situation, this means that he is no oblged to take alterantive work and could seek redundancy pay/ compensation in the event that the correct procedure is not folllowed.

taratill :

You can write to him to say that unfortunately you have identified that you no longer need a person in his role and that his role is therefore at risk of redudnancy. You should offer him consultation meetings to discuss ways of avoiding the risk. You can then offer him alternative (part time positions) as an alternative to redudnancy. If he does not accept him then you can terminate by reason of redundancy by paying notice and redundancy pay. GIven that he has had a long time off work it may be worth offering a settlement agreement to avoid a future claim.

Customer:

Where do we stand with the fact that he refuses to sit down with us and discuss it, I know that probably until he actually comes back to work we can't officially put the new post and contract to him but what if he refuses to engage in that consultation.

taratill :

You will just have to write to him to give him the options.

Customer:

ok thank you for that I'll have a chat with the other cooperative members and take it from there.

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