How long have you worked there?
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What do you believe is a serious breach of contract on the employer's part in terms of the conditions of the new roles?
Thank you. If you were to claim constructive dismissal then you would need to show that the employer had committed a serious breach of contract, something serious enough to justify your immediate resignation and departure from the employment.
The simple act that you are disabled and are protected under disability discrimination legislation does not automatically mean that the employer has to keep a position open for you that is part time. They do however have a duty to make reasonable adjustments so if there is any way that they can keep you in the same role you are now, regardless of the reorganisaiton, then there would be an expectation on them to do so.
What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances of the employer, their business, the potential impact on other employees, the available resources, etc. Whilst legislation does not currently provide specific examples of what adjustments can be made, the following are examples that have been considered reasonable in case law over time:
If it is reasonable to expect them to keep you in the same role or a similar role with similar arrangements the they should do this to satisfy the duty of making reasonable adjustments. Only if it is more or less impossible for them to do so and they have a good enough reason not to do so, can they get away with not doing it.
I would suggest that you do not just resign and claim constructive dismissal but that you approach them and raise your concerns around the issues with adjustments and how you believe that they have not fulfilled their obligations. 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.
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