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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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At the attention of an employment-law expert , I have been

Resolved Question:

At the attention of an employment-law expert , I have been sick from Monday the 21st of March , after 5 hours at work in the kitchen and as a cook I was forced to go home. After two days the 23rd I send a text message to my employer to let him know I was ready to go back to work the following week , Monday the 28th. He replied with another text message and informed myself I was taken off my rota's till the 1st of April and that day my shift as been reduced to 5 hours instead of 8.30 .
My first question is : it's legal take off rota's an employee when is off sick ?
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. How long ave you worked there for?
Customer: replied 1 year ago.
18th months full-time and without a written contract .
Expert:  taratill replied 1 year ago.
Ok have you always worked a set number of hours a week?
Customer: replied 1 year ago.
Yes 42.30 hours a week until the 1st of April when my shift have been reduced to 5 hour the first week of April and then to 10 hours the following two weeks .
Customer: replied 1 year ago.
I send to you a copy of my contract last week , with a question about it . Do not know if you can have a look at it but still in my account page and I still waiting for a response.
Stefano
Expert:  taratill replied 1 year ago.
You should raise a grievance about this to say that they are acting in breach of contract by failing to give you your full contractual hours as a result of you being sick and that if they reduce your salary it will amount to an unlawful deduction in salary. Hopefully that will lead to them doing the right thing. The slight danger is that they may terminate your employment as you have less than 2 years service. It is my view that if they did so after you raising a grievance of this nature then you would be able to argue it amounts to an automatic unfair dismissal because you would be being dismissed for trying to protect a statutory right (not be subjected to an unlawful deduction). You can also contact ACAS for support/ to lodge a workplace dispute on an early conciliation basis. Details can be found at www.acas.org.ukIf you have any further questions 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.
Just about what you said , I noticed a reduction of my pay ( 2 and half hours) from the first pay-slip in February and no notice was given to me .
Expert:  taratill replied 1 year ago.
you should also raise a grievance on that point. They are not entitled to reduce your pay without notice.
Customer: replied 1 year ago.
What do you suggest.? Acas or write to my employer to collect some evidence of his behaviour ?
Expert:  taratill replied 1 year ago.
I would suggest grievance in first instance but if that does not work you can contact ACAS.
Expert:  taratill replied 1 year ago.
hello is there anything further you would like to know?
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