Nhs pay protection loss due to disability

Karen757

I work for the NHS and work shifts. As part of organisational change due to a move to a new hospital I was given some pay protection. Due to my epilepsy I can now no longer do the nightshifts. I still so all the other types of shifts, the same number of shifts as everyone else. Now my boss is adamant that I lose this pay protection because I'm not doing nightshifts. I am protected under the disability equality act and I do not think this is legal. Any advice or information anyone can give me will be really appreciated. Thanks.

Undervalued

Karen757 wrote: »

I work for the NHS and work shifts. As part of organisational change due to a move to a new hospital I was given some pay protection. Due to my epilepsy I can now no longer do the nightshifts. I still so all the other types of shifts, the same number of shifts as everyone else. Now my boss is adamant that I lose this pay protection because I'm not doing nightshifts. I am protected under the disability equality act and I do not think this is legal. Any advice or information anyone can give me will be really appreciated. Thanks.

Your disability entitles you to reasonable adjustments.

Ultimately only an employment tribunal can rule on whether the adjustment you are expecting is reasonable or not. Far more details would be needed ot offer any useful opinion.

Are you a member of a union?

Karen757

Hi thanx for the reply, yeah I am a new member of unite, I am waiting on them getting back to me. Also Epilepsy Scotland has suggested that a reasonable adjustment that leaves me out of pocket is not really reasonable. I've been doing a lot of research but can't find anything about anyone losing their pay protection due to a disability. Just trying to see if anyone has been through something similar. It's really stressing me out now as I can't afford to lose money.

Xbigman

Do you mean you have lost your extra money for working nights?
Losing money for working nights if you stop working them is usually reasonable. Certainly my employers have let a number of staff leave the night shift on medical grounds when there was officially no days vacancies and they all (including two people who were disabled) were put on day rate.

If you mean something else you need to be specific.



Darren

Undervalued

Karen757 wrote: »

Hi thanx for the reply, yeah I am a new member of unite, I am waiting on them getting back to me. Also Epilepsy Scotland has suggested that a reasonable adjustment that leaves me out of pocket is not really reasonable. I've been doing a lot of research but can't find anything about anyone losing their pay protection due to a disability. Just trying to see if anyone has been through something similar. It's really stressing me out now as I can't afford to lose money.

They may well be right but, as I said, without far more details it is difficult to judge. Even then any advice is second guessing what an employment tribunal would decide.

If, just for example, pay is significantly higher for people who are required to work night shifts then paying somebody the same if they can no longer do nights for medical reasons may be more than would be regarded as reasonable.

Torry_Quine

The employer has to make reasonable adjustments, however paying you when you can't do certain shifts may be beyond reasonable.

Karen757

The shifts myself and colleagues work is a mixture of 9 to 5, 9am to 9pm and 9pm to 9am. On average everyone gets 2 night shifts a month and 2 9am to 9pm shifts. Now that I cannot do nightshifts I can get as much as 7 9am to 9pm shifts, jusr as much if not more shifts than everyone else. I understand what everyone is saying, I just find it really difficult to think that because of my disability I will be worse off than everyone else.

Undervalued

Karen757 wrote: »

The shifts myself and colleagues work is a mixture of 9 to 5, 9am to 9pm and 9pm to 9am. On average everyone gets 2 night shifts a month and 2 9am to 9pm shifts. Now that I cannot do nightshifts I can get as much as 7 9am to 9pm shifts, jusr as much if not more shifts than everyone else. I understand what everyone is saying, I just find it really difficult to think that because of my disability I will be worse off than everyone else.

It would also depend on how easy / difficult / expensive it is for your employer to cover the night shifts you can no longer do.

Generally more would be expected of a large employer than a small business but a reasonable adjustment is not something that has a significant ongoing cost.

Again generally, most reputable large employers actually do far more in this regard than the law would require. Sometimes that gives the impression that the legal right goes further than it actually does.

Your union should have access to an expert in this area and they may well be able to negotiate something along the lines you are hoping for.

nicechap

What does your union say?

What was the documentation to support the pay protection? Was it time limited? Did it specifically mention any "unsocial" hours payment? If so, how? if it was silent about unsocial hours have you just assumed it covered it?

Can you undertake more Saturday & Sundays to count as part of your unsocial hours?