Its been a long time since we last posted but really need some work related advice
My husband who has been diagnosed with Pd for nearly 4 yrs has been working for the same company for
11 +years. Upon being diagnosed with the disease and returning to work the company found a new job role for him but put his wages down to minimum wage.
In January 2012 new bosses came in.
We are under the impression that his employers are trying to oust him down the health and saftey route, the implication being that hes not upto the job (although they havent come out and said this) Continually asking him if hes ok, that they are concerned for him and other members of staff, what would happen if there was a fire in the building? Also asking that they get in touch with his dr / consultant?
Any help would be much appreciated. (we have tried contacting citizens advice)
Hi Panda.....my heart goes out to anyone in a similar situation whether it be because of PD or not....employmeny law has changed so much and more than likely more frequently than other legislation. However, while fundamental rights still prevail then a Company cannot change the role of an employee's job description, reduce their hours or their rate of pay without negotiation and agreement with the employee.If they do so unilaterally then they face the likely hood of constructive dismissal at a tribunal.
If the company can find; under the health and safety at work act; evidence to support that you would because of your condition be unable to do the job under your terms and conditions of employment and set out in your job description and duties; they can offer you a change in role within the Company. It is highly dubious that they could reduce your rate of pay...even if they could substantiate a claim that it was the going rate for that type of work....it would only take one instance where an employee was paid a higher rate for doing that kind of work to invoke the grounds of constructive dismissal. If the Company was genuinely worried about you or your safety then they would have offered you a redundancy package.
The CAB are in an awkward position ...it appears as though your husband agreed to his change in Role with his old employers....his new employers appear to want to oust him but face the same problems....they will be reluctant to offer him redundancy so will try to get him to leave of his own accord...they still face the Constructive Dismissal charge at a tribunal....and the CAB can't offer you advice or act on your behalf till that happens.
If the company has a Union ...join it....they will make sure that your interests are protected and might even be able to negotiate a good settlement.
Hello panda. To answer your question ,can they do this w ell it seems to be Yes they can,a good friend of mine has been treated very badly, she also has a disabling illness and was simply told by her employers to clear her desk , no warning no sympathy nothing, upon contacting her friend who specialises in employment law she was promptly re instated , but a few weeks later was made redundant ,employees rights are being eroded rapidly by the condems and they will do their utmost to wreck the social structure of this country and in doing so make people easier to sack while making people so terrified they will lose their jobs they can force unwellcome changes through unopposed if your husbands not in a union I would suggest he
