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Employment Query

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Hiya :)

I don't know if anyone is able to help me but I am stressing myself sick over this (not good with the condition I have)

Basically I have a long term condition which I am on treatment for and to look at me you would not think there was anything wrong. I work full time and feel that I do quite well compared to other people I know who have the same condition but unfortunately my employer doesn't agree, they wont find out more information about my condition though I have offered to get it for them or have someone go in to speak to them about it (they freely admit they know nothing about the condition) but what they are doing is telling me they don't feel I am up to the job and that they can put me on part time hours without my approval which I don't want.

I have spoken to my dr about this and he is fuming as he acknowleges I am doing really well considering how I was when I was first diagnosed a few years ago

What I would like to know is can they legally make me part time without my approval cos if they can I will start looking elsewhere for a new job now?

Thank you:)

Comments

  • Googlewhacker
    Googlewhacker Posts: 3,887 Forumite
    edited 12 July 2010 at 8:39PM
    Debt_Doll wrote: »
    Hiya :)

    I don't know if anyone is able to help me but I am stressing myself sick over this (not good with the condition I have)

    Basically I have a long term condition which I am on treatment for and to look at me you would not think there was anything wrong. I work full time and feel that I do quite well compared to other people I know who have the same condition but unfortunately my employer doesn't agree, they wont find out more information about my condition though I have offered to get it for them or have someone go in to speak to them about it (they freely admit they know nothing about the condition) but what they are doing is telling me they don't feel I am up to the job and that they can put me on part time hours without my approval which I don't want.

    I have spoken to my dr about this and he is fuming as he acknowleges I am doing really well considering how I was when I was first diagnosed a few years ago

    What I would like to know is can they legally make me part time without my approval cos if they can I will start looking elsewhere for a new job now?

    Thank you:)

    In short yes but they have to be very very careful!

    http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10028079

    Above is why contracts can be changed

    http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10037116

    Above is what you can do if you disagree with it.

    You can object and possibly take them to a tribunal but they can force a change through if they so wish (generally companies that do it do it for business reasons such as losing money, cutting costs etc and not because someone is not upto the job)

    Bear in mind an employer wants someone that is working to the standards they expect, not to the standards of other people suffering with the same problem. If it is covered under the DDA then they must make reasonable adjustments but this doesn't mean that they have to accept a lower standard of work compared to someone without the condition. You've not actually said how you fair compared to people without your conditon?
    The Googlewhacker referance is to Dave Gorman and not to my opinion of the search engine!

    If I give you advice it is only a view and always always take professional advice before acting!!!

    4 people on the ignore list....Bliss!
  • Googlewhacker
    Googlewhacker Posts: 3,887 Forumite
    Just wanted to say though that never take advice of a forum as being gospel, go check it out by proffessionals and if they force you to work part time say next week before you can get advice then write a formal letter stating that you are currently working under protest and getting legal advice on your situation
    The Googlewhacker referance is to Dave Gorman and not to my opinion of the search engine!

    If I give you advice it is only a view and always always take professional advice before acting!!!

    4 people on the ignore list....Bliss!
  • Debt_Doll
    Debt_Doll Posts: 114 Forumite
    Thank you for that, somehow though I think I may be better in a new job cos am not happy now this has been mentioned
  • Googlewhacker
    Googlewhacker Posts: 3,887 Forumite
    Please either PM SarEL for their view on your thread because I am not an employment solicitor or go see a professional for their view or at least call ACAS for their view before doing anything drastic!
    The Googlewhacker referance is to Dave Gorman and not to my opinion of the search engine!

    If I give you advice it is only a view and always always take professional advice before acting!!!

    4 people on the ignore list....Bliss!
  • Debt_Doll
    Debt_Doll Posts: 114 Forumite
    :):) I wont do anything drastic, I have bills to pay but thank you for your advice anyway
  • Ewarwoowar2
    Ewarwoowar2 Posts: 322 Forumite
    Debt_Doll wrote: »
    Hiya :)

    I don't know if anyone is able to help me but I am stressing myself sick over this (not good with the condition I have)

    Basically I have a long term condition which I am on treatment for and to look at me you would not think there was anything wrong. I work full time and feel that I do quite well compared to other people I know who have the same condition but unfortunately my employer doesn't agree, they wont find out more information about my condition though I have offered to get it for them or have someone go in to speak to them about it (they freely admit they know nothing about the condition) but what they are doing is telling me they don't feel I am up to the job and that they can put me on part time hours without my approval which I don't want.

    I have spoken to my dr about this and he is fuming as he acknowleges I am doing really well considering how I was when I was first diagnosed a few years ago

    What I would like to know is can they legally make me part time without my approval cos if they can I will start looking elsewhere for a new job now?

    Thank you:)

    If you are disabled for the purposes of the disability discrimination act, you employer has to make reasonable adjustments for your condition.

    You are disabled for the purposes of the DDA if you condition has a significant effect on your day-to-day life, lifting, concentration, etc.. and has lasted for 12 months or is expected to last for more than 12 months.

    If you aren't DDA disabled you don't get protection.

    Have a look here:

    http://www.direct.gov.uk/en/DisabledPeople/RightsAndObligations/DisabilityRights/DG_4001068
    I am an employment solicitor. However, my views should not be taken to be legal advice. It's difficult to give correct opinion based on the information given by posters.
  • Debt_Doll
    Debt_Doll Posts: 114 Forumite
    Thank you very much for all the advice I got but have decided I have given them a good 18 years of my service now is time for a new job :)

    Wish me luck :)

    Thanks xx
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    If you want to leave anyway then encourageing them to make you an offer to leave might be the best option.

    12 weeks notice and 18 years redundancy equivilent would go a long away

    again seek advice
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