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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I have been employed years, I was diagnosed with MS

Resolved Question:

I have been employed for two years, I was diagnosed with MS in September and took two weeks sick leave. Another employee had stepped into my role whilst I was away. I did a staggered return toward, working half days for one week.Since being back full time I have never been fully intergrated back into my original role and the other employee has slowly taken on my job and I have been pushed out for "my own health because the stress of managing people was making me ill" even though I had given them a letter from my doctor saying I was fit work. I was told nothing would be made official until I had been given a new job title and job description but I received an email last week from the MD to say he had been asked to send out an email to the rest of the company stating the other employee was taking on the role of team leader. I have been offered the chance to do lower admin work and help with a project and agreed to it as I feel if I had refused, I would no longer have a job with the company. What can I do about this?
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is***** am a solicitor and I am happy to help you today. Have they said they will reduce your salary as well?
Customer: replied 1 year ago.
No they havent
Expert:  taratill replied 1 year ago.
I am glad they have not done so. This action by your employer amounts to direct disability discrimination. they are not entitled to remove you from your role without good cause and without your agreement or following a capability procedure. You can raise a grievance about their actions saying that it amounts to direct disability discrimination. If they do not put you back in your role then you can bring a claim in the Employment Tribunal. You will first need to engage ACAS early conciliation, you will find further details at www.acas.org.ukIf you have any further questions about this please do 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 for your help. I am worried they will say I did agree to this as it has happened over a period of time and I agreed I could do other work. I only did this because I felt like I didn't have a choice and that I would lose my job altogether if I refused. Can they use this against me?
Expert:  taratill replied 1 year ago.
Not unless you actually did say you were happy with the changes. If it is vague then they cannot. I would suggest you raise the grievance and take it from there. If you have any further questions please do ask. Otherwise I would be grateful if you would take the time to rate my answer as I am not otherwise credited for answering your question. Thank you and all the best. Do come back to me if you need further advice after raising the grievance.
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