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Joy Nicholas
Joy Nicholas, Laywer
Category: Employment Law
Satisfied Customers: 1833
Experience:  Lawyer
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I am currently off sick since a riding accident on september

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hello. i am currently off sick since a riding accident on september the 24th. i have 3 fractures to my spine with on going issues. whilst being off sick there have been changes across the company to my role and also a regional office merge. Both of these changes make a significant change to me personally as the logistical changes mean i would be expected to travel further. Whilst i understand that changes to my role are part of the buisness needs. At no point have i been informed of these changes and have only found out second and third hand! when i questioned HR about the regional office merge when i found out about that first. i asked why no one had called me or written to me. She informed me that it was because it did not affect my role and it remained the same! Some 6 weeks later i found out that part of the area that i covered had been allocated (which i was specifically taken on to cover due to the location of where i lived) had been given to another regional office. and that i find that my role as an Area Sales Manager was being changed from by a geographical area to by product which meant that i would be expected to travel across the region rather than part of it ( i might add that i currently would travel 700 to 900 per week).. My understanding is that if part of your role changes this should be by consultation or at least write to as i am on sick leave to inform me of the changes. none of this has been done.. due to my injury driving is very difficult for me so i am not going to be fit for work for a considerable time. I would like some advice how best to handle this and see if i can get a compromise agreement from them. It is worth noting that i originally worked for their SW region this region was closed Nov 2018. i was going to be made redundant but was persuaded by the company to take the role in the west midlands to cover the southern part of their operating area. So unlike other Area Sales managers in the region i live outside of the operating area so role changes for me are enhanced.. i have continuous employment from this company of 2 years 7 months. I am currently on half pay and will go to SSP in March..
JA: Have you discussed the injury with a manager or HR? Or with a lawyer?
Customer: i am in contact with HR every week as per company procedure.. i have had an occupational Health assessment at their request which confirmed to them the extent of my injuries and that my return to work would not be within the next 3 months. i have not spoken to a lawyer
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: i am a full time employee. i do not have union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no i don't think so
Hi, thank you for your message. Can I confirm have you addressed your concerns with them?
Customer: replied 8 months ago.
In my call to them last week i stressed that i was very anxious that i had found out by a third party about the changes. i reiterated that she had told me when i queried why no one had contacted me re the regional merge that she had specifically said that my role had not changed. When i questioned this last week all she said was "yes you are correct the role is now by product type not geographical" she made no further comment when i asked if i was wrong to expect to have been notified. I am due to ring them today. so i am unsure whether to labour this point more or to stay quiet at this point in time. Ultimately i want to enter in to a compromise agreement due to the extent of my injuries and being unable to drive the distances they now expect.

I would advise that you raise a grievance with your employer through their grievance procedure. You can also follow the ACAS code of Practice on Disciplinary and Grievance Procedures here: https://www.acas.org.uk/index.aspx?articleid=2174. The emphasis of this Code is to try to resolve grievances informally, without reverting to a formal procedure, or to resolve them with the help of a third party (mediator). If an informal grievance is not possible you can start a formal grievance. This should be done in writing and should set out the nature of the grievance. Your employer should invite you to a meeting following the grievance. I would recommend that you bring a companion to the meeting. If the matter cannot be resolved you can take your employer to a tribunal. You'll have to notify Acas first. Acas is an organisation that provides independent support to help sort out employment disputes. They'll see if your employer will agree to a process called ‘early conciliation' - a way to resolve disputes without going to a tribunal.

You can contact ACAS before writing your grievance letter for guidance. They provide advice and arrange settlements between employers and workers, they can be contacted on 0300(###) ###-####(lines are open from 8am-8pm). Make sure you have any information regarding your complaint with you such as contract,

Customer: replied 8 months ago.
Are they going to ring me tomorrow?
Customer: replied 8 months ago.
I have just read the response. To be honest it doesn't answer my question... Which was am I right in believing I should of been informed of the changes to my role formally?

Yes, you should have been consulted. You will need to raise a grievance with your employer in order to find a solution to this and ensure that you bring someone to any meetings with your employer to keep a record of what is said and agreed. If you cannot find a solution after raising the grievance you will need to contact ACAS before bringing the claim to an employment tribunal if this is the course of action you wish to take. ACAS may also be able to help you at the early stages to find a solutions with your employer and remind them of their duty to consult you of any changes to the contract with the hope of making things right.

Joy Nicholas and other Employment Law Specialists are ready to help you
Customer: replied 8 months ago.
OK that helps thank you