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Hi, i am looking for advise on working hours contract..my husband reduced his working week from 5 day to 3 after knee surgery and ongoing knee problems ment he could no longer maintain a 5 day week, 15 months he has now been on a 3 day week and has never been provided with a new contract, but has had his hoildays changed to reflect new hours and was only paid company sick pay and ssp for a 3 day week after further surgery last year.
Work has now sent him to a company doctor as they are wanting to know when a 5 day week can start again, we feel they are looking for a way to finish him on ill health and are not happy with the report a company doctor that has never seen him has wrote. My question is after 18 months on the new reduced hours can they finish him on the grounds he can not maintain a 5 day week, even though they have never asked if he can increase his hours again since?
He also has mental heath issues that his boss does not address even though they have been informed of this, the stress from the company doctor and the lack of communication is making his depression and panic attacks worst and my husband cant speak to his boss about it as he finds it hard to communicate with him as he has such a awful manner and atitude to this subject.
Originally posted by dlb
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Hi
Although your husband has not been issued with a new contract reflecting the reduction in his working hours the fact that he has worked these hours for a considerable time demonstrates that he has accepted the terms and conditions. There is a good fact sheet of our website
www.adviceguide.org.uk on Changes to Employment Contracts. Follow these links from the home page:
England home
Work
Rights at work
<LI class=li-breadcrumb-last>
Contracts of employment
and scroll down to 'changes to contract'
There is also useful information at:
Work
Time off work
<LI class=li-breadcrumb-last>
Off work because of sickness
You do not say how long in total your husband has worked for this employer. An employer can argue that it is a fair reason for dismissal if an employee cannot carry out his duties because of sickness, however your husband has been able to carry out some duties, albeit on reduced hours.
It is not ureasonable for the employer to seek an independent medical report. However, it is unfortunatel that this was upsetting to your husband. There is further information on Adviceguide - see above.
Your husband might want to talk to his local CAB, details of which can be accessed from the home page of Adviceguide - 'Get advice' on the right of the screen and put in the post code.
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