Employment Law - advice please

[Alfie22]

Hope someone can help.

I work for a large organisation and have recently had time off, stress-related.

While off, my kind employers gave my job lock, stock and barrel to someone else, with the intention of me taking another role within the department when I returned. I don't want this other role and now my "old" position is untenable.

Given stress is covered under the DDA and I was absent when the job change occurred, what are my rights against my employer, even though no contract has been changed/amended?

A dull topic, for which I apologise, but I could do with advice before proceeding to inflame the situation with management.

 

[The Clown of Pevensey Bay]

It rather depends on what it says in your contract, I would say.

Are you in a trade union? You should be able to get free legal advice if you are.

 

[beorhthelm]

i think as long as you are being offered another role on same pay and conditions, they are allowed to do this. I think it would be grounds for constructive dismissal so i expect they've checked carefully that its all above board.

 

[Dandyman]

Hope someone can help.

I work for a large organisation and have recently had time off, stress-related.

While off, my kind employers gave my job lock, stock and barrel to someone else, with the intention of me taking another role within the department when I returned. I don't want this other role and now my "old" position is untenable.

Given stress is covered under the DDA and I was absent when the job change occurred, what are my rights against my employer, even though no contract has been changed/amended?

A dull topic, for which I apologise, but I could do with advice before proceeding to inflame the situation with management.

DDA will only apply if the condition is substantial, long running (usually more than 1 year) and affects your ability to carry out day to day activities.

How has your new role been determined, is it on the same terms and conditions and pay, has the employer taken medical advice ?

 

[Alfie22]

Thanks for this.

Although I'm covered under the DDA on other grounds, I would probably have a job to prove that they could reasonably be expected to have known about it. I am a member of the union but find the reps to be a bit hit and miss.

It's a grade system, governmental, so no change in the T&C - guess it means I just take it on the chin. Seems incredibly unfair though to do it while I was off, thus giving me more stress on my return.

 

[csider]

Take some more time off due to stress then

 

[desprateseagull]

if the new position is less stressful, and same/similar money, seems a fair deal.

 

[Lord Bracknell]

It's a grade system, governmental, so no change in the T&C - guess it means I just take it on the chin. Seems incredibly unfair though to do it while I was off, thus giving me more stress on my return.

If it's a governmental organisation, it's almost certain that there are a large number of employment policies that are available for scrutiny (possibly by all staff, but certainly by your Trade Union).

It may well be the case that your manager has acted "legally", but contrary to one or more of your employer's own established policies.

I would suggest that you get your Trade Union to investigate that aspect. If a breach of policy has occurred, pursue this through the formal grievance procedure.

 

[readingstockport]

TBH the best thing you can do is to go to the citizens advice bureaux and ask them.

 

[seagullsovergrimsby]

Looks like they thought you wouldn't be returning to work so gave your job to someone else. It might be in the T&Cs of employment that they can "move you sideways" but they haven't considered what your needs were as an individual. If you are a union member then seek advice from them at Branch level as they can flag it up to their HQ if necessary. If you are covered by the DDA for other reasons it strengthens your case as they should take this into consideration if you pursue it as a grievance.

 

[perseus]

This is a job for the Union rep.

The question I would ask is what caused my stress in the first place? Other people? Did the person who has now got your job weasel his way in getting you eliminated so he could have your position?

Weasels are people that go behind people's backs to the Management to usurp another person. Beware!

 

[Alfie22]

Cheers for all of the above, much appreciated.

The TU isn't proving much use, not bothering to get back to me. Have put together a 6 page missive, quoting various internal policies, backed up by an assortment of DDA-related material. Also evidenced DDA condition through letter from the doc.

Slapped on the boss' desk under the internal formal grievance policy - meeting Friday (am). Fingers crossed.