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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46794
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was injured at work nearly 10 years ago, its a permanent

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Hi, I was injured at work nearly 10 years ago, its a permanent injury for which I have epidural steroid injections in my neck and another injection in my shoulder every 4 months, which control the pain and enable me to continue working (at the same factory) I made a claim, my employer admitted liability and settled out of court. Since then my pay was ring fenced for about 7 years. I went through a company grievance procedure and eventually the, then, MD insisted that the previous MD and management had been overpaying me for what I was doing prior to the injury. A few years further on, new MD, new management, I actually got a pay rise last December but on 29th June this year low and behold, pay restructuring and change in contract my pay down by about £900 a year. Because of the injury I cannot do the same job or as much as I used to, but surely that's they're fault, even though they know this is a permanent injury they keep insisting I see the occupational health nurse to get an "update". I feel like I'm being treated poorly, I've been through a 3 year bout of depression (ok now) but kept working throughout. I feel like they completely forget my 19 years loyal service. I would love to go back to doing the job I used to but my neck and shoulder problems prevent that, just a few years off retirement and they seem to keep twisting the knife. Do I have any grounds for constructive dismissal, Steve Joyce
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Why was the latest contract change introduced, what was the employer's reasoning?
Expert:  Ben Jones replied 1 year ago.
Hello, not sure if you saw my initial query above - Why was the latest contract change introduced, what was the employer's reasoning?
Customer: replied 1 year ago.



















*****@******.***>




Jul 21 (3 days ago)













to JustAnswer






Times are hard, everybody is feeling the pinch, we have to remain competitive, etc. All the shop floor workers were included in this review of pay and allowances, as a result they decided to align the pay scheme, so we all get the same now.. My argument is, I got more money because prior to my accident at work I was doing another job in the factory that paid more. Steve.





Customer: replied 1 year ago.



















*****@******.***>




Jul 21 (6 days ago)













to JustAnswer






Times are hard, everybody is feeling the pinch, we have to remain competitive, etc. All the shop floor workers were included in this review of pay and allowances, as a result they decided to align the pay scheme, so we all get the same now.. My argument is, I got more money because prior to my accident at work I was doing another job in the factory that paid more. Steve.





Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. This could potentially amount to constructive dismissal, which occurs when the following two elements are present:
• Serious breach of contract by the employer; and
• An acceptance of that breach by the employee, who in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long.
A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario).
The affected employee would initially be expected to raise a formal grievance in order to officially bring their concerns to the employer's attention and give them an opportunity to try and resolve them. If the issues are so bad that the employee can't even face raising a grievance and going through the process, or if a grievance has been raised but has been unsuccessful, then they can consider resigning straight away.
If resignation appears to be the only option, it must be done without unreasonable delay so as not to give an impression that the employer's breach had been accepted. Any resignation would normally be with immediate effect and without providing any notice period. It is advisable to resign in writing, stating the reasons for the resignation and that this is being treated as constructive dismissal.
Following the resignation, the option of pursuing a claim for constructive dismissal exists. This is only available to employees who have at least 2 years' continuous service. There is a time limit of 3 months from the date of resignation to submit a claim in the employment tribunal.
An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you. I would say in the circumstances that is a better option rather than going straight to tribunal.
Also you could try and argue that you are subject to disability discrimination. You would need to show you have a disability first.
In the legal sense of the word, disability can have a broad meaning and there is no single list of medical conditions that qualify. Instead, to establish whether a person is disabled, they need to show that they meet the legal definition of a ‘disability’.
The Equality Act 2010 defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.
I will break this definition down:
• Physical or mental impairment – this can include nearly any medical condition;
• Substantial effect – the effect must be more than minor or trivial;
• Long-term - the effect of the impairment must either have lasted or be likely to last for at least 12 months;
• Normal day-to-day activities – these could include anything considered ‘normal’ in a person's normal daily routine (e.g. walking, driving, speaking, eating, washing, etc.)
If a person satisfies the above criteria, they will be classified as being disabled and will have automatic protection against discrimination, which means that they must not be treated unfavourably because of their disability. So if the treatment you have been subjected to is as a result of you being disabled then it could amount to discrimination and that is something else you could use to try and build a case.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46794
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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