Epileptic person - problem with change of job role

Googlewhacker

marc.faulkner wrote: »

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.

As is there right unless there is a collective agreement, however a union is there for issues such as this to make sure the employer does things by the book.

I'm not so sure the preferred redundancy would wash but without the full details no one on here could tell you.

She doesn't have any home or content insurance that has legal aid on it then?

marc.faulkner

Googlewhacker wrote: »

She doesn't have any home or content insurance that has legal aid on it then?

Unfortunately not. As she is my housemate, I had taken care of the contents insurance and foolishly did not take out legal cover.

boobies

marc.faulkner wrote: »

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.

This is why I am weary of ACAS, telling someone not to return to work until RAs are made is pretty irresponsible at this stage. It may be a suitable action if things cannot be resolved otherwise, but it could also lead to her dismissal.

There are instances where the employer has to allow the employee union representation, and these could cover a grievance procedure. I would be on the phone on Monday to arrange membership and assistance, or failing that, booking a free initial appt with a solicitor.

Googlewhacker

boobies wrote: »

This is why I am weary of ACAS, telling someone not to return to work until RAs are made is pretty irresponsible at this stage. It may be a suitable action if things cannot be resolved otherwise, but it could also lead to her dismissal.

There are instances where the employer has to allow the employee union representation, and these could cover a grievance procedure. I would be on the phone on Monday to arrange membership and assistance, or failing that, booking a free initial appt with a solicitor.

Where could it cover a grievance for my interest? I was on the understanding that it would normally be disciplinary procedings etc

katejo

boobies wrote: »

This is why I am weary of ACAS, telling someone not to return to work until RAs are made is pretty irresponsible at this stage. It may be a suitable action if things cannot be resolved otherwise, but it could also lead to her dismissal.

There are instances where the employer has to allow the employee union representation, and these could cover a grievance procedure. I would be on the phone on Monday to arrange membership and assistance, or failing that, booking a free initial appt with a solicitor.

I suggest that you contact the Helpline at Epilepsy Action (just google that name if you are not familiar with the organisation). They should be able to advise you regarding reasonable adjustments. I am an accredited volunteer with EA.

nightingalesgarden

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.

Not sure I understand this statement - are you really asking about the company making adjustments or is your query ultimately about gaining a redundancy payment (I'm not judging - it just helps to be clear)?

"she doesn't want to go back or make herself unemployed...."?

marc.faulkner

If the company will make adjustments for her, she would of course return to work so as to avoid unemployment, however we're doubtful that they intend to make such adjustments which is why the possibility of redundancy comes up.

They have made it quite clear, in writing, that the only solutions they are prepared to offer are a complete change of role to something paying 25% less - in a customer service position rather than the technical role she is currently in, or to reduce her position to part time which would result in her losing half of her paid hours each week.

If she has to end up without a job, she'd obviously like to try and secure some kind of payment to 'tide her over' whilst finding alternative work.

marc.faulkner

katejo wrote: »

I suggest that you contact the Helpline at Epilepsy Action (just google that name if you are not familiar with the organisation). They should be able to advise you regarding reasonable adjustments. I am an accredited volunteer with EA.

Thanks, I'll advise her to do this.

boobies

Googlewhacker wrote: »

Where could it cover a grievance for my interest? I was on the understanding that it would normally be disciplinary procedings etc

The Employment Relations Act provides the right to be accompanied by a TU representative at a grievance meeting where the employee reasonably requests it.