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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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I have worked full time years in the same company, admin

Customer Question

i have worked full time for 25 years in the same company, admin in a travel agency. My parents have been seriously ill and needed help over the past year. I have taken several dependence leave days, holiday at short notice, a month unpaid leave in August and just worked the last 3 months 3 days a week pro rata to care for them. Due to the ongoing need of my parents and uncertainty of how long I may be needed I have asked to continue to work 3 days a week for a furthur period and suggested 3 months with a review to returning to full time in my normal role in the future.My employer has said this will not be granted and the directors will require something permanant. I have been offered to continue to work 3 days a week permanently but only if I accept demotion. I am currently an assistant supervisor, earning good profit share, extra Sunday working pay and a taxed some of £1k once a year to use for travel. Is is right to autmatically demote me to do the same job for 3 days a week as opposed to full time of 5 days per week?
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Can you please tell me the nature of your parents' illnesses as it is important to consider whether they are disabled for employment law purposes?
Customer: replied 1 year ago.
Hi Jenny, my mother collapsed in a confused state in October 2014, suspected urine infection turned into a diagnosis of dementia possibly Alzeimers. She has been a permanent resident in a care home since the end of May 2014. She deteriorated after breaking her wrist within a week of arrival and became imobile.After several hospital visits she was put on end of life care in August. She has upturns and downturns, the carers are kind, but there is not enough supervision and attention to someone who cannot ask for it. She is very aware of what she has lost. My father visits every day, he has heart failure, mild kidney disease and prostate issues.
Customer: replied 1 year ago.
We provide company, help feed and wash her and attempt to give her come comfort and entertainment. She gets very anxious and afraid and so do I. My father is amazing, but without my company he is very alone
Expert:  taratill replied 1 year ago.
Hi can you tell me if the company has a history of reducing hours on the same salary for other employees?
Customer: replied 1 year ago.
It is very rare, but I am aware of two people. One has MS and works in my team and the other has elderly parents needing help and has some health issues. Most people come back after materity leave and automatically accept roles in a reduced positions
Customer: replied 1 year ago.
They both had to fight for it though
Expert:  taratill replied 1 year ago.
Do you know when it happened with the person with elderly parents?
Customer: replied 1 year ago.
She had a solicitor write a letter on her behalf and the company immediately accepted it. Her life and that of her parents is much improved and I've no doubt she could perform her duties at work with less worry
Expert:  taratill replied 1 year ago.
Hi this is an interesting situation. You should write to your employer to say that you believe that it amounts to associative disability discrimination that you are being offered this but on a reduced salary. You should state that as your parents are disabled you are protected by the law of associative discrimination from direct discrimination and the fact that they will accommodate your request but only with a reduced salary amounts to associative discrimination. I hope that this will make them rethink. Interestingly the law on associative discrimination does not require them to allow you to have reduced hours but the fact that you have been offered them at a reduced rate, when others have not acts in your favour. Ultimately if they say no it will be worth getting a solicitor's letter
Customer: replied 1 year ago.
Interesting and helpful. I only have this offer verbally and I reluctantly said no and I'd have to continue to work full time and take holdiay to get me thorugh January. I know this is not realistic, but I was so afraid to give up easily
Expert:  taratill replied 1 year ago.
Do not give up. Write a grievance using the wording I've given above. If you have household insurance it may contain legal expenses insurance. That might be worth a thought. If you have any further questions please ask. If i have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.
Thank you so much for your help. Exremely informative. If I was to the support of a solicitor, woud that be something you would consider doing. Of course I would pay for it
Expert:  taratill replied 1 year ago.
Yes if you want me to help you I can. Write the grievance yourself first. If it does not work ask for me by name in another question and I will support you in any way I can.
Customer: replied 1 year ago.
Thank you and kind regards. It gives me hope
Linda
Expert:  taratill replied 1 year ago.
Thanks Linda, I would be grateful if you would please remember to rate my answer before leaving the site this evening as I am not otherwise credited for my time. I will be happy to answer your follow on questions.
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
taratill and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Hello again, your advice is really encouraging. I have written to work quoting the ADD clause you mentioned and also suggested a 4 day working week may work for both parties. On Friday afternoon I was sent an email to my personal email ( so I didn't get till after work) calling me to a meeting Monday morning, 21st Dec to discus formally Bit late for me to find someone to go with my as support at this stage. I am pretty anxious about it. I may need you again if it doesn't go my way kind regards ***** *****
Customer: replied 1 year ago.
I'd send you a copy of letter but not sure how to attach it here

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