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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47375
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been doing the same rota last four years and

Customer Question

I have been doing the same rota for the last four years and in the same department. This was agreed as I have medical issues. Then in October 2015 they started to send me all over the place in different departments. I don't mind doing the odd shift in a different department but I feel my medical issues have not been considered. I am now registered disabled as I find it difficult to walk or stand for long periods at a time.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Have they said why they have suddenly changed their approach?
Customer: replied 1 year ago.
No explanation has been given. I had the welfare meeting on 6 Jan 2016 and have still to see and approve the minutes of that meeting.
Expert:  Ben Jones replied 1 year ago.
First of all this amount to a change of contract. There are a few ways in which an employer may try and make changes to an employee’s contract of employment. These are by:{C}· Receiving the employee’s express consent to the changes.{C}· Forcefully introducing the changes (called 'unilateral change of contract').{C}· Giving the employee notice to terminate their current contract and then offer them immediate re-engagement under a new contract that contains the new terms. What I am more concerned about is that it could be disability discrimination. If a person is classified as being disabled they will have automatic protection against discrimination, which means that they must not be treated unfavourably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if they are likely to be placed at a substantial disadvantage when compared to non-disabled employees. What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances. Below are some examples:making adjustments to work premises;allocating some of the employee’s duties to others;transferring the employee to fill an existing suitable vacancy;altering the employee’s hours of work;allowing the employee to be absent during working hours for rehabilitation, assessment or treatment connected to their disability;acquiring or modifying specialist equipment;providing supervision or other support. If someone who is disabled is being treated unfavourably because of their disability or their employer has failed to make reasonable adjustments it would potentially amount to disability discrimination. The first step would be to raise a formal grievance. The next step would be to consider whether a claim for disability discrimination should be made in an employment tribunal (the time limit for claiming is only 3 months from the date of the alleged discriminatory act taking place). I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Customer: replied 1 year ago.
I was led to believe from Acas that if you have been doing the same rostered shifts for over 18 months they cannot change them without consulting with the employee. They did not do this, they just gave me my rota and said they were not going to change it
Expert:  Ben Jones replied 1 year ago.
This is an argument that these shifts have become contractual. However, it is entirely wrong to say that if you have done something for 18 months it has become contractual. The longer something has been in place the more you could argue that it has become contractually binding but there is no specific period of time for that to happen. But I agree, some consultation should have taken place plus the more important act that the employer has a duty to make reasonable adjustment, which should include keeping you on the existing shifts
Customer: replied 1 year ago.
Many thanks for your help
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best