SSP

kaMelo

Spoonie_Turtle said:

KxMx said:

I know a lady desperate to go from ft to pt and is covered under the Act but employer said no, I need ft employees for my business which is their right.
This lady took advice from DAB and union basically employee can ask but employer can refuse.

Not entirely related to OP's question but goodness me, I hope her employers grow prize-winning roses with that first-class fertiliser.  Unless it is a very specialised job it really is not unreasonable for them to employ someone else part-time for a job-share.  They need people there full-time, fine, but that can most likely be achieved with two part-timers.  Employers who actually care about making jobs accessible and inclusive will make any feasible adjustments to do so.  (Sadly such employers are still very much in the minority.)

I would think the opposite actually. If it's a specialised job then I would imagine any employer would go the extra mile to keep staff. Jobs that anyone can do can be filled easily with someone else, hence the "take it or leave it" approach from the employer.

Buzzard1985

Robbie64 said:

You mention working 60 hour weeks but

1. what are your contracted hours (and days)

2. what hours (and days) are you wanting the employer to agree that you do?

3. what pay are you looking for your employer to make up?

Hi,

My parents and social work have looked at my contract.   When breaking it down by my pay before NI etc 58 hours a week.   Contract 54 per week.    Do 48 one 60 the next- repeat.    Dad is rather baffled at this.   But averaged out is 54 per week.  But the contract does not say an average of 54 hours PW.    

2- Days- not fussed and appears Drs wanting a reduction to hours.  So rather than 4 days per week, 5 next (12 hour shifts) do 4- 12 hrs/. 
3- I don't think I can be made up on pay- if I could be intrested to hear.  But I would like paid until they make changes.    Talks of adjustment to policys and a support worker I can touch base with regularly.  Occupational Health has been sujected.  So until at least occupational health I rather not be on basic SSP due to awaiting changes to go back.

Robbie64

Those are incredibly long hours, especially if the hours are impacting your health. Hopefully something can be worked out between your employer and yourself but realistically the only options are to either reduce the hours for each day you are working or to reduce the days you work (but still keep doing 12 hour shifts each time). Either outcome would lead to a reduction of hours and this is likely to result in you being paid less. SSP wouldn't make up any shortfall. It would be up to your employer to do that and I doubt many would be prepared to do this.Would any changes be permanent or temporary?

Do you work days one week and nights the next? If so, maybe there is scope there to make changes to your shift pattern?

Buzzard1985

Read this on a law firm page:      

Does my agreed phased return to work mean my employer can reduce my pay to reflect the reduced hours worked? 

If you return to work part- time after a period of absence of less than 12 months, you are entitled to the same pay and benefits that applied to your full-time job on a pro-rata basis. This means that, apart from making pro-rata reductions in accordance with the number of hours worked, your employer cannot change your pay or other contractual benefits to your detriment just because you are now working part time.

calcotti

So you must have opted out of the working hours directive.
https://www.gov.uk/maximum-weekly-working-hours

Buzzard1985

calcotti said:

So you must have opted out of the working hours directive.
https://www.gov.uk/maximum-weekly-working-hours

In expempt group

Robbie64

Buzzard1985 said:

Read this on a law firm page:      

Does my agreed phased return to work mean my employer can reduce my pay to reflect the reduced hours worked? 

If you return to work part- time after a period of absence of less than 12 months, you are entitled to the same pay and benefits that applied to your full-time job on a pro-rata basis. This means that, apart from making pro-rata reductions in accordance with the number of hours worked, your employer cannot change your pay or other contractual benefits to your detriment just because you are now working part time.

The above means that your employer can't reduce your rate of pay and conditions that applied to your full time job if you are making a phased return to work. This means things like the hourly rate of pay, lunch breaks etc. It doesn't mean your weekly or monthly pay can't be reduced. If there is a phased return to work and you work half of your contracted hours for a period of time you will only get half of your previous pay. If you return to work and are doing a different job (lighter duties) then you will need to negotiate wages with your employer.

Any reduction of pay can be made up by sick pay. This should be covered by your contract of employment. If it is only SSP that the employer will pay during sickness then there are rules governing when SSP can be paid. My understanding is it can only be paid for days when the employee does no work at all not when the employee works fewer hours than normal.

See https://www.acas.org.uk/absence-from-work/returning-to-work-after-absence

ACAS also have a helpline which you can phone for advice

https://www.acas.org.uk/contact

oh_really

Buzzard1985 said:

DustyBlues said:

If you work for the Public Sector there may be provision for some form of paid special leave while awaiting 'reasonable adjustments' if you are covered by the Equality Act.

I am covered by that- there is no doubt the consultant said and GP agrees.

Unfortunately for you, neither individuals are responsible for making this determination, they can only offer opinion/ advice.