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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 1923
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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Is there pay protection during redeployment, I mean do I

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Is there pay protection during redeployment, I mean do I need to get paid for the period I am made to sit at home waiting for the new place to be deployed and actually not going to work, because old place not suitable due disability and new place still not found. How long the max the period can be by law? If not redeployed during this time what should employer do - dismiss due disability, any compensation?
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Hello.   I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

To enable me to answer your query, please provide me with some further information.

Has your old contract of employment terminated and you are about to be reengaged on a complete new contract, or is it a continuation of your original contract of employment with the terms varied?

Customer: replied 16 days ago.
I have not terminated the contract voluntarily. I sat at home waiting for redeployment offer as promised by employer. To my surprise got letter from employer that I have left voluntarily and been overpaid. The employer has not terminated also the contract on their initiative. The date of my so called voluntary termination has given to me to be the next day my sick leave finished.

Unfortunately, if your employer has overpaid you your wages (even through their own negligent fault) they are entitled to seek reimbursement from you and deduct the overpayments from your next wage packet, or through several periodic instalments from your wage packets, until you have repaid the overpayments in full.

You as employee will not have accrued a cause of action in law for breach of contract or unlawful deduction of wages as overpayment of wages by mistake is one of the exceptions whereby an employer may deduct wages from an employee.

Furthermore, if you refuse to repay your employer the overpayment, this may be fair grounds for them to dismiss you for breach of contract and gross misconduct and sue you for the overpayments in the county courts.

There is some useful guidance on the ACAS website: https://www.acas.org.uk/check-if-your-employer-can-make-deductions-from-your-wages.

My recommendation is that you accept the situation and come to an amicable arrangement with your employers whereby you agree to repay the overpayments in monthly instalments for, say, the next 6 – 12 months, depending on the amount of the overpayments and what you can afford.

I hope this resolves your enquiry.   Please revert to me if you require any clarification of my answer to your question and I shall be delighted to assist.

Kind regards

LawyerEd

Customer: replied 16 days ago.
I was put on redeployment due disability which was confirmed by employers OH. Actual redeployment never happened and a false paper was issued that I left voluntarily. Do the employer needs to pay me salary while looking a place where to redeploy me? If yes, don't they owe me unpaid salary for wrongful dismissal and disability discrimination. As I am without job on their fault, from which sources they expect me to pay back as a lump sum of one month salary? If I cannot pay it it is gross misconduct as you said, but if they dismiss me based on false information how is this called?
Customer: replied 16 days ago.
Due false record " left voluntarily" can not claim Universal Credit, Jobseeker Allowance. How to explain to next employer just working 2 months and then leaving voluntarily which is wrong - this makes me look unreliable worker which I am not - just a person with disability who needed reasonable adjustments to stay at work which was not done.

I have answered your first question to your satisfaction.  You have now posed additional questions which are outside the scope of the fee.   To answer these questions, I require payment of a further fee and have placed an offer on the Portal.

Customer: replied 16 days ago.
You did not answer satisfactory to my first question, so I am not interested paying for your services.
Customer: replied 16 days ago.
I needed protection from discrimination, his first answer was accept the situation and pay, that' s it. It is not helping me.

What grounds do you believe that you have been discriminated?

Customer: replied 16 days ago.
As a disabled worker no reasonable adjustments were made ( actually any) to help me to keep my job. I was asked to complete a redeployment form, so had reason to believe that a new place could be offered more suitable - the reality was that after that the employer started ignoring my attempts to contact and has not answered to any calls, e mails 2 months. The only contact paper got last week " you left voluntarily, pay overpayment".
Ignoring because of disability, victimisation, breach of contract as I am protected category under Disability Act.

The Employment Rights Act 1996 proscribes Employers from Discriminating against Workers and Employees on the grounds of a Protected Characteristic.   The Equality Act 2010 prescribes these seven Protected Characteristics: Age, Disability, Race, Religion or Belief, Sex, Sexual Orientation, Marriage/Civil Partnership, Pregnancy and Maternity, and Gender Reassignment.

The law applies to an Employer’s other Employees: A Claimant may Claim against an Employer for an act or omission committed by one of their co-workers for which the Employer will be liable.   The Discriminatory Act does not need to be committed by the Employer personally (if a sole trader), a partner of a general partnership or partner/designated member of a limited liability partnership, or director or senior manager of a limited company.

There are two forms of Discrimination: Direct Discrimination and Indirect Discrimination.

Direct Discrimination is deliberately targeting an Employee on the grounds of a protected characteristic.  For example, this may include bullying, harassment, and offensive verbal comments directed at the Employee’s Race, such as calling them a derogatory racial slur (i.e., The “N-Word”) for the purposes of upsetting and humiliating them.

Indirect Discrimination is where an Employer treats their Employees equally, but this has the effect of disadvantaging one particular group who have a Protected Characteristic.   For example, an Employer could treat all Employees equally as if they were able-bodied and require them to perform the same manual labour.  However, this would have the unintentional effect of Discriminating on the grounds of Disability if an Employee is incapable of lifting heavy objects due to their physical Disability.

Actual and Constructive (i.e., the Employee feels that their treatment has been such that they have no choice by to resign from Employment) Dismissal on the Grounds of a Protected Characteristic is an Inadmissible Reason for Dismissal and therefore the Dismissal is Automatically Unfair.   In addition, the normal two-year qualifying period of continuous employment for an Employee to accrue the right to bring a Tribunal claim does not apply and the Claimant may issue Tribunal Proceedings irrespective of the length of their Employment for Discrimination and Dismissal from Day 1 of their Employment.

In Discrimination Claims, in addition to the Basic and Compensatory Awards for Unfair Dismissal, a Claimant may also claim Damages for Detriment and Injury to Feelings under the Vento Guidelines.   The damages will depend on the length and severity of the harassment and victimisation against the Claimant.    This is quite a complex area, but there is useful advice on the ACAS and Citizens Advice websites.

A Claimant has three months from the Effective Date of Dismissal, or the Discriminatory Act complained of to lodge a Claim Form ET1 with the Regional Employment Tribunal.   This is a very brief time limit which is strictly enforced.   I therefore recommend that you act as quickly as possible by instructing specialist employment solicitors to protect your position and advise you fully on your prospects of success.

You must also notify the Government’s free and impartial employment dispute advisory service: the Advisory, Conciliation and Arbitration Service (“ACAS”) to commence the compulsory Early Conciliation Process (“ECP”).   ACAS are not a firm of solicitors or legal aid providers, but they will attempt to facilitate an early settlement between the parties without the need for Tribunal Proceedings.

During the ECP, the three month-limitation period to issue a Claim Form ET1 is suspended.   If ECP fails, ACAS will issue the parties with a Certificate which will give the Claimant at least one month from the date of the Certificate (depending on the timings) to issue a Claim Form ET1.

I hope this resolves your enquiry.   Please revert to me if you require any clarification of my answer to your question and I shall be delighted to assist.

Kind regards

LawyerEd

Customer: replied 16 days ago.
Thank you! This was much better advice.

I am delighted that I have resolved your enquiry.

I wish you all the very best in resolving this matter and of course for safely navigating the current “choppy waters” in which we all find ourselves. :)

Kind regards

LawyerEd

Ed Turner,
Category: Law
Satisfied Customers: 1923
Experience: Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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