Employment Lawyers Can Answer Your Employment Law Questions
Hi, sorry my connection dropped earlier. As you have been diagnosed with cancer, you will automatically be classified as being disabled in employment law terms. This gives you certain protection against being discriminated, either directly or indirectly, because of your disability.
As a starting point the employer has a duty to make reasonable adjustments to try and reduce the negative effects that your condition may have on your ability to do your job. So this could be done by reallocating duties, providing specialist equipment, changing your hours, etc. In your case they offered you a phased return to work.
However, once adjustments are no longer necessary, you do have the right to return to your original contract. That is unless there was a specific clause in it allowing your employer to vary it or reduce your hours or responsibilities. Even with such a clause in it, that should only be implemented after consultation or if absolutely necessary.
The fact that this person was covering you whilst you are absent does not give them permanent rights to part of the job they covered, and neither does it allow the employer to just take that part of your work away, especially when you are ready to return to work as normal.
Therefore, the employer’s actions can amount to disability discrimination and also a breach of trust and confidence. You should try and resolve this directly with them first, you have the formal grievance procedure at your disposal to start off with. If that does not help and you have also appealed unsuccessfully, then you can start considering what further action to take – that could include just a claim for discrimination in the employment tribunal, or you can also consider resigning and claiming constructive dismissal at the same time, although that is a last resort option as you can imagine as you will be placing yourself out of a job.
Hope this clarifies your position? If you could please let me know that would be great, thank you
Thank you, ***** ***** does clarify my position, and I shall move forward with your suggestions for resolving the problem. Many thanks.
you are welcome, all the best