Contract of Employment changes - advice

advice123

Hi

I was looking for some advice to take into an informal meeting with my employers. My wife and I work for the same company and have done for almost 6 years

In march my wife was signed off work for social anxiety and depression, this was her first absence in years. Her Fit note was due to expire on april 4th and her boss was made aware her condition was getting worse and the doctor was due to extend her absense far past this time on every single occasion a meeting was held or phone conversation took place.

Occupational health were in touch with her and they advised a phased return to work when her condition allows her to come back. They recommended working less hours on a temporary basis until she felt comfortable being first of all outside again but also to allow her to get into the routine of working again. This was aimed at getting her back to work sooner and it seemed like the right idea for everyone. A letter advising a reduction of hours when she returned was signed by my wife, no respresentation or council was present with her at this time it was signed.

A return to work meeting took place in mid march and a return to work schedule which included working one less day a week on a temporary 3 months basis was set up and agreed.

my wife is currently still on long term sick and her condition has not improved, this is now being medicated and a doctor has signed her off work until the start of june.

On friday my wife was advised in her latest return to work meeting that her sick pay is being reduced by £340 per month even though she hasnt came back to work yet. Our employer has advised that she agreed to a flexi time request starting april 4th working 8 less hours a week which is the reason for her statutory sick pay being reduced by £340 per month for the next 3 months

This is despite the fact that my wife hasnt returned to work yet and is still off sick, the lower hours where discussed and arranged for when she returns to work, she has never worked any flexi time shift (she has been full time for all 6 years of employment) They also advised she was overpaid last month due in their own error and next month this will be taken back. This will mean a reduction in her sick pay from £1300 to £600 for next month

They do have a signed letter advising a reduction of hours from april 4th by my wife and my line manager has said they will not be doing anything about it as my wife signed the letter. Essentially end of story, a grievence can be filed but only by my wife who will have to attend multiple meetings. They know given her illness she will never do this

I was looking for advice to have an informal meeting with my head of department about this. I would say first that my wife is and never was in any mental condition to change, update of discuss the conditions of her contract of employment. My manager has confirmed the contract of emloyment has been changed by the signature. Second of all and most importantly the offer for reduced hours was being made solely based on a recommendation by occupational health as part of a phased return to work, no request was ever made for "flexi time". On top of this any reduction of hours was based on when my wife returned to work, she is yet to return to work and is on the same occurence of sickness.

The written statement that was signed doesnt even make reference that she is off sick, why the flexi request is being made, what her new pay will be, what her job role is, how long the temprary changes are for and they havent even spelt her name right on it. It is a handwritten letter made up on the day for her to sign. She was under the impression this was a phased return to work (for when she does finally come back) and she has not requested flexi time verbally. The differences between these two have not been made clear.

I am hoping that a bit of common sense prevails in an informal meeting but dont know much about this, it just feels wrong and that they have pulled the rug out from under her. I am certainly not saying its on purpose either. My voice rep advised to contest this as it seems ambiguous and with mental health the company should be more caring and understanding, it is a huge company. My wife came out of the meeting on friday in tears, making herself feel like a burden to me and financially losing £1000 less than a normal working wage (£680 less than regular monthly sick pay) due to this happening. I dont know what to do and I dont see how causing more stress and makign her feel marginalised and stupid is going to help her get better and get back to work sooner

I would really appreciate any help or advice anyone can give on what I can do or say to push back against this, my wife cannot fight or push against this due to her current state and will just accept anything work have said to just get off the phone with them.

I am sorry for the long message

thank you

sangie595

Ouch. This is not good.

I can tell you what the law says. The law says that your wife is a competent adult, and it was her responsibility to get legal advice or other advice on something she is signing. It also says that her employment is her employment, and nothing to do with you, so the employer would be perfectly justified in refusing to deal with you about this matter - I am afraid that being married doesn't confer a right to speak on the other half's behalf.

So that leaves things exactly where you suggest. She can file a grievance, she can even ask for you to accompany her. But it would be her grievance and she would have to attend meetings. I appreciate that you think she isn't competent to deal with these matters, but the law says she is. Mental illness does not, in legal terms, make someone incompetent.

So I think that you have to see what, if anything, the employer will allow. To be honest, I can't see, even if she was fit to take this to an employment tribunal, a very strong case. The employer perhaps might have been nicer about this, but I am struggling to see that they have broken any law. She didn't ask to be accompanied, which might have been a justifiable reasonable adjustment. And she didn't ask for time to read, or to have someone else read, the agreement she was signing.

The best hope would be that the employer decides to be lenient in their interpretation and allows for it to revert to what you thought the case would be.