How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48213
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I have a chronic illness and registered disabled, I was offered

Customer Question

I have a chronic illness and registered disabled, I was offered a job on a lower grade but did not accept
1. because I would have to change my contract and I had a contract with great benefits
2. because the company have been know to change the contract and then make you redundant paying less redundancy money.
As I am on senior leadership team I expected them to put me on gardening leave as they did with all my colleagues, especially as the process was so stressful it made me ill and they were aware that I was also receiving biological treatment, they told me I had to stay as they needed me. I became ill from the treatment and they stopped contacting me, I emailed them 6 days before my end date as they had not told me anything that i needed to do and I was aware that by law they had to give me 10 days to look at a compromised agreement with a solicitor and told them that I felt they had been treating me unfairly due to being off sick. my manager had already dismissed me when i asked what I needed to do knowing that I wasn't coping with the process she told me to contact HR myself where as before she had told me off for going directly to HR. I then received a letter from them to confirm that I would be paid on a certain date. 6 days before my payment a junior member of staff called with a message from my boss to say hand in your phone or ipad or you wont get your money. I explained that it was a 72 mile round trip to the office and I still had a chest infection and was on crutches with n immune system of -2. I did not get my payment on the date promised so I contacted them and was told that they sent me an amendment to my letter stating that I wont get paid until the items were received (they did not send me that letter) I asked them if they could send a courier, they agreed but deliberately said I would have to wait 4 days (it never takes 4 days to arrange a courier) and a further 3 days for payment. This treatment is due to me
1. Not accepting the job
2. taking time off sick when there were expectations of me
I quoted them the disability rights act due to them not making any adjustments to the process or considering my illness as a result of that email they did not ask me to sign a compromised agreement..... I can only assume that this is because I have a case against them and they did not want me to take my case to a solicitor. They now have the equipment as a family member took it back due to the stress it was causing. I emailed them and told them that I thought the treatment was deliberate and unfair but they have not replied and still hold my money benefiting from the interest and causing me maximum stress. I should add that in the past senior leadership team have been allowed to keep phones. It is a large company and I had worked there for 20 years almost before the larger company sacked the board of the smaller company and are merging the two. Most people do not fight back because they are so big but I feel so strongly that this is deliberate and they could have put a stop to all this stress at any time but are deliberately delaying it.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Remus2004 replied 1 year ago.
What would you like to know about this please?
Customer: replied 1 year ago.
Sorry, I would like to know if I have a case against the company for causing unnecessary stress and holding onto my money knowing that they had not requested the items back by a certain date and certainly did not say I would not get paid. I also think they could have released me like they did my colleagues but would not release me knowing it was making me ill.
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. Claiming for stress in the circumstances is no going to be that easy. What you would be better off claiming for is the payment separately as not paying you would amount to a breach of contract and unlawful deduction of wages and also potential disability discrimination due to the way you have been treated. Stress alone is not that easy to claim and you would really have to show that you had suffered a recognised psychiatric illness. So in the circumstances it would be best to try and claim for the money you are owed, and if necessary also for disability discrimination. This is your basic legal position. I have more detailed advice for you in terms of the steps yu would now need to follow to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48213
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
In order to try and resolve this and try to get the money you are owed, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.
If the employer does not return the money as requested, the following options are available:
1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals
2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: www.moneyclaim.gov.uk.
Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.
In the tribunal you can make a claim for disability discrimination at the same time.