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Epileptic person - problem with change of job role
marc.faulkner
Posts: 639 Forumite
Evening,
I'm posting on behalf of my friend and housemate, who I am also registered as a carer for as she is epileptic.
She works for the same company as me, and has recently encountered some issues which she's struggling with how to deal with.
Until approximately 3 weeks ago, she was employed in a specific role within a department of our company. She was doing well at her job and also enjoying her work. She had been paid a number of small bonuses which indicate the satisfaction of her manager.
She was then advised by her manager and the head of HR that they were closing down the team she worked for - effectively making her redundant - however that they had found an alternative role for her within another department. She had the assurances from the head of HR that this other role would be the same hours she had worked and for the same salary. At the same time, a colleague of hers was given another role within the original department. At no stage was she formally advised that she was in the redundancy consultation period or anything along those lines.
As it happens, the new role they have moved her into is not suitable for her, as the company have not been able to provide suitable hours. She is now required to start very early in the morning, which conflicts with her medication and has made her extremely unwell - including having a number of epileptic fits in work and having to be taken home during her shift.
Having raised this with her new manager and HR, asking them to make reasonable adjustments to make it safe for her to continue in her role (ie to revert her to the original hours, as promised) she's been advised that this is not possible. All they have been able to offer is a switch to part time work with considerably reduced pay, or a totally different role in another department (with is inferior in both pay and seniority).
Would appreciate any advise on how this should be handled. At present she is off work sick, however she will need to take action one way or another shortly.
Thanks
I'm posting on behalf of my friend and housemate, who I am also registered as a carer for as she is epileptic.
She works for the same company as me, and has recently encountered some issues which she's struggling with how to deal with.
Until approximately 3 weeks ago, she was employed in a specific role within a department of our company. She was doing well at her job and also enjoying her work. She had been paid a number of small bonuses which indicate the satisfaction of her manager.
She was then advised by her manager and the head of HR that they were closing down the team she worked for - effectively making her redundant - however that they had found an alternative role for her within another department. She had the assurances from the head of HR that this other role would be the same hours she had worked and for the same salary. At the same time, a colleague of hers was given another role within the original department. At no stage was she formally advised that she was in the redundancy consultation period or anything along those lines.
As it happens, the new role they have moved her into is not suitable for her, as the company have not been able to provide suitable hours. She is now required to start very early in the morning, which conflicts with her medication and has made her extremely unwell - including having a number of epileptic fits in work and having to be taken home during her shift.
Having raised this with her new manager and HR, asking them to make reasonable adjustments to make it safe for her to continue in her role (ie to revert her to the original hours, as promised) she's been advised that this is not possible. All they have been able to offer is a switch to part time work with considerably reduced pay, or a totally different role in another department (with is inferior in both pay and seniority).
Would appreciate any advise on how this should be handled. At present she is off work sick, however she will need to take action one way or another shortly.
Thanks
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Comments
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Can she not shift her waking hours/times that she takes her medication in line with the shift in her working hours?0
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Assuming she is covered by the Equality Act (and from what you have said, it is likely that she is), it would appear that they have failed to make reasonable adjustments to the redundancy procedure (or lack of one). Would the role offered to her colleague have been more suitable, and does she have the originally agreed times in writing?0
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The role offered to her colleague would definitely have been more suitable - it was, in effect, the same job but working for a different team.
She has her contract for the original role, which defines the working hours. The agreement from HR that her hours would stay the same was verbal, but 2 colleagues were present and confirm this to be the case.0 -
marc.faulkner wrote: »The role offered to her colleague would definitely have been more suitable - it was, in effect, the same job but working for a different team.
She has her contract for the original role, which defines the working hours. The agreement from HR that her hours would stay the same was verbal, but 2 colleagues were present and confirm this to be the case.
It *could* have been a reasonable adjustment for her to have been given priority in the redeployment process. Is it a large employer? What does she want to do, does she wish to continue working there?0 -
Not sure how you'd quantify large, however the company employs about 250 staff I believe.
Ideally she'd have liked to have continued working in her original role, or something similar, however given how the company have treated her I think she'd now prefer to leave - although obviously she doesn't want to make herself unemployed unnecessarily in the current climate.0 -
marc.faulkner wrote: »Not sure how you'd quantify large, however the company employs about 250 staff I believe.
Ideally she'd have liked to have continued working in her original role, or something similar, however given how the company have treated her I think she'd now prefer to leave - although obviously she doesn't want to make herself unemployed unnecessarily in the current climate.
Is she in a union, or does she have any legal cover through insurances? She needs specialist help in either getting placed in a suitable role, or if need be, negotiating a compromise agreement.0 -
Unfortunately our employer does not recognise any union (specified in all contracts), therefore she's not a member of one.
So far as I'm aware she does not have any legal insurance either, nor any significant financial means.
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You cannot force employees not to be a member of a union, it is a statutory right!
Aside from that did the employer KNOW that they your friend was epileptic?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!0 -
marc.faulkner wrote: »Unfortunately our employer does not recognise any union (specified in all contracts), therefore she's not a member of one.
So far as I'm aware she does not have any legal insurance either, nor any significant financial means.
It doesn't matter if the employer does not recognise a union, everyone has the right to join one. As an alternative you could contact ACAS or the Equality Commission, but they only tend to give general advice, and are unlikely to support her through a grievance.
If they are not willing to meet their obligations, she will need to issue a grievance. However, this could well get the employer on the defensive, so I really would get some support before going down this route.0 -
I don't think it's a case that the force us not to be a member of a union, more that the contract contains a clause stating that they do not recognise any union. I guess we could choose to join one, however the company would not enter into any discussions with one.
The employer have been aware of her condition for as long as she has been employed (coming up to 3 years), as it was stated on her information form when she joined and she had also taken the occasional day off for hospital appointments and ill health caused by the epilepsy.
She has spoken to ACAS, who advised her not to return to work until this was resolved. They seemed to think that the company were in the wrong although as you say they were quite generic.0
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