Employer changing contract without consultation

larry_benis

Hi,
I'm looking for some advice with regards to my employer changing my contract without proper consultation. 
I have been on long term sick leave and have approached my employer a number of times between the beginning of March and now to discuss my return to work. My employer has not proposed any plan to facilitate my return to work. As my sick note is due to run out, I requested that we arrange a plan to return to work. Now through in the COVID-19 situation and the team are on furlough. It's worth noting that I had asked for a plan for my return to work prior to this situation a number of times prior to the team being furloughed so this was not my motivation. We had an informal phone call where my boss asked if the world was functioning as normal and there was no pandemic, what would I have wanted my return to look like. I said I would've started a few days a week, building this up to full time and reviewing as we progressed. This was the extent of that discussion. The following day I received an email stating that my request to work two days a week had been approved and my contract had been changed from full time to two days a week and I was being immediately placed on furlough and would be paid for two days a week. 
We did not discuss any contractual changes or agree on any number of days so this was a shock to me. There have been some other issues during my absence which coupled with this, have led me to feel that they do not want me to return to the business. I have responded to say I do not agree to the change to my contract and have requested to speak to HR. My contract states that they must provide a months notice for any significant contractual changes. I'm not sure what I should do next and obviously the COVID=19 situation complicates matters as it isn't a normal return to work scenario. Any advice? 
Thank you. 

Comms69

Ok here goes. 

1:  HR are not there to help you, they are there to sack you! Speak to your union, if you dont have one (why not?) you'll need to consider your ability to litigate.
2: Technically your employer doesnt have to accomodate any requests you make, unless your sickness can be classified as a disability. In effect you could've just been kept on SSP until such time you were ready to retrun full time; or obviously dismissed at some point.
3: You did request 2 days a week to start with. Really you should be doing all this in writing so there was a clear line of evidence. Your response should be ofcourse not to reject the change outright, but to signal that the discussion was clear in the you would be returning on a phased return. 2 days week 1, 3 days week 2 etc. That way furlough payments would ofcourse increase. 

That said, it sounds like they want rid of you, sorry.

General_Grant

To be put on furlough, you have to agree to it.  What alternative is there?

larry_benis

Thank you for your quick reply. Unfortunately I'm not a member of a union so I'm a bit stuck on where to get official help from. My illness is classed as disability under the Equality Act.
I have stated to them that everything going forward has to be in writing. I was stupid to have the conversation on the phone and fell into the trap of thinking we were having an informal chat and "catch up" as my boss calls it. I am 99% certain they want rid of me so no need to apologise there! 

Edit - I don't object to being put on furlough. I object to my contract being changed permanently for a phased return. Also with regards to the furlough, there is redeployment opportunities available in the business and I would accept and undertake any roles offered. 

Undervalued

larry_benis said:

Thank you for your quick reply. Unfortunately I'm not a member of a union so I'm a bit stuck on where to get official help from. My illness is classed as disability under the Equality Act.
I have stated to them that everything going forward has to be in writing. I was stupid to have the conversation on the phone and fell into the trap of thinking we were having an informal chat and "catch up" as my boss calls it. I am 99% certain they want rid of me so no need to apologise there! 

Edit - I don't object to being put on furlough. I object to my contract being changed permanently for a phased return. Also with regards to the furlough, there is redeployment opportunities available in the business and I would accept and undertake any roles offered. 

That helps to some extent. They are obliged to make "reasonable adjustments" to help you. How much is reasonable of course keeps lawyers in fees!

Is it possible there has been a misunderstanding? e.g. you and your boss agreed two days a weeks as a temporary measure but some clerk in HR has put it through as permanent?