Full time contract being slashed against will during long phased return to work

Sambucus_Nigra

heretolearn wrote: »

"it was clear that she was not ready to go back to work for more than 12 hours a week, in fact that is what the doctors fit note stated that initially"

this is where they got 12 hours from?

Yes I can see that. However I was asking if she ever actually asked for 12 hours a week?

Sambucus_Nigra

Uncertain wrote: »

The correct course of action is to write formally rejecting the change (or part of it) and make it clear that you are working under protest. Ultimately though if the employer insists the only remaining option is to resign and claim unfair dismissal. Note, it is not constructive dismissal under such circumstances despite resigning. A tribunal would then decide if the changes were unreasonable to the point that you were effectively dismissed.

Or in this case, off sick under protest.

getmore4less

I'm am posting on behalf of my girlfriend here as she is not confident putting her details up for fear her employer will see this thread..

Hope you have changed the details just because you post won't change the risk if the employer sees it.

KiKi

live4therush wrote: »

So in relation to the contract change, is it possible for them to do that without her permission?

No, they cannot unilaterally change her contract to this extent without notice or agreement - that would be a breach of contract. However, they could start contract negotiations if it seems that she cannot return to work full time. If she refused the contract when they negotiated, then they may consider dismissal on the basis of capability to work if there is no prospect of her returning in the immediate future.

But that's not the point, as they haven't negotiated. So she must, immediately, in writing and recorded delivery, write to HR and her manager stating that she did not - and does not - agree to this contractual change. If she doesn't write to protest, she may be deemed to have accepted the contract change. She then needs legal advice as she will have to formally take action after refusing to accept the contract. You may find it helpful to post on the redundancyforum.co.uk for the attention of SarEl who is an employment barrister who can advise (never a substitute for real life legal advice, of course). They may, of course, then go down the route of dismissal for capability reasons.

(As an aside, I would be surprised if surgery and a recovery period are covered by the equality act, though.)

KiKi

live4therush

Thank you all for the replies so far

Many have reaffirmed my initial view that she must write to her line manager and hr team and reject the contract change. She has drafted a letter thus far but is hesitant to send it yet as her line manager is reassuring her that they will look into the issue and will contact ASAP. She is also worried that putting in a strongly worded letter at this stage may jeopardise her career in future. She has however emailed her line manager directly saying that she does not and has never requested or accepted a change in contract and wishes her contract to be returned to full time. Is this enough?

KiKi

live4therush wrote: »

Thank you all for the replies so far

Many have reaffirmed my initial view that she must write to her line manager and hr team and reject the contract change. She has drafted a letter thus far but is hesitant to send it yet as her line manager is reassuring her that they will look into the issue and will contact ASAP. She is also worried that putting in a strongly worded letter at this stage may jeopardise her career in future. She has however emailed her line manager directly saying that she does not and has never requested or accepted a change in contract and wishes her contract to be returned to full time. Is this enough?

I would play safe and say no - write to HR. It doesn't have to be strongly worded as such - she can be friendly and polite. The problem is that if her line manager doesn't investigate straight away, or doesn't tell HR, then she may be deemed to have accepted the contract as far as HR are concerned (depending on how pragmatic they are). I wouldn't risk it. Write a friendly letter, just to 'confirm' her email to her line manager. She must formally state that she 'protests' the contract and does not agree, and would like to immediately discuss it so it can be sorted out.

Hopefully they'll be happy to chat to her and resolve the situation; but if you formally protest a contract you do need to follow it up with action (usually legal), if the company doesn't agree it's a mistake. The risk with leaving it is that they could suggest her lack of response was taken as an indication of acceptance.

HTH
KiKi

Sambucus_Nigra

live4therush wrote: »

Thank you all for the replies so far

Many have reaffirmed my initial view that she must write to her line manager and hr team and reject the contract change. She has drafted a letter thus far but is hesitant to send it yet as her line manager is reassuring her that they will look into the issue and will contact ASAP. She is also worried that putting in a strongly worded letter at this stage may jeopardise her career in future. She has however emailed her line manager directly saying that she does not and has never requested or accepted a change in contract and wishes her contract to be returned to full time. Is this enough?

So...did she ever actually say that she could only do 12 hours?

dizzyrascal

Hi
Was this surgery an emergency procedure?
I only ask because I keep being urged to put myself on the waiting list for surgery but I don't want the six months recovery time, especially if it does not work (as seems to be the case with your OH)
If is was a booked procedure they should have warned you how long it will take. Also, it is quite common for it to fail. Did they give you the stats?
I was told I would not be able to drive for at least 6 months (although I think people do it). I have managed to dodge the surgery with lots of physio, exercise and will power because I don't want to be off work for that long or spend so long dependent on others to ferry me around. I was a single parent with small children when it was first suggested so it was out of the question then.

Annisele

live4therush wrote: »

I'm am posting on behalf of my girlfriend here as she is not confident putting her details up for fear her employer will see this thread..

OP - as has been said, I hope you've changed the details in your post. You've given a specific operation and specific dates, along with specific details of your girlfriend's employer's sick pay policy. I'd be very surprised if all of that can be applied to more than one person!