Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today.
Do you agree that it is impossible for the to give you reduced hours for a while to adjust you back into wrk?
No, they cover such a larger area and are so desperate for cover all the time. During my 6 hours today I even received a text asking if I could work this week-end which is not unusual
what would you ideally like to achieve in the circumstances?
Hi Ben, I do not want to resign . I would like to continue my employment on 30 hrs a week as per my current contract of employment. At present I until I have adjusted back into work I would like to do a few hours a day between Monday and Friday I am even happy to complete my 30 contracted hours a week if it will help the company. But this isn't what they offering me , the are telling me they don't have 30 hours a week to give me - which is nonsense and they are trying to make me adjust my contract to 15 hours a week voluntarily.
ok thanks let me get my response ready please
Whist no one can force you to resign from your job, at the same time you may not be able to force the employer to adhere to the contract they have with you, even if you have the specific terms you are relying on written in black and white. It just means there are ways you could try and deal with it but nothing can guarantee that the employer will act in the way they are supposed to under the contract.
As far as the law stands, you are likely to be classified as disabled due to your depression and you will have automatic protection against discrimination, which means that you must not be treated unfavourably because of your disability. In addition, their employer would have a duty to make reasonable adjustments if you are likely to be placed at a substantial disadvantage when compared to non-disabled employees.
What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances. Below are some examples:
If someone who is disabled is being treated unfavourably because of their disability or their employer has failed to make reasonable adjustments it would potentially amount to disability discrimination. The first step would be to raise a formal grievance. The next step would be to consider whether a claim for disability discrimination should be made in an employment tribunal (the time limit for claiming is only 3 months from the date of the alleged discriminatory act taking place).
The option to resign and claim constructive dismissal also exists but only do this as a last resort. First try and resolve this through the grievance process.
Hope this clarifies your position? If you could please let me know that would be great, thank you
HI Ben - that's great thanks, ***** ***** given me somewhere to start which is very much appreciated . I'll let you know how I get one Kind regards Andrew
you are welcome, best of luck with this