Equality Act - can my employer change my contract from full time to one without my permission

I have been off for 12 months. Couldn't cope with phase back cos went back still feeling I'll but hoping work would help. My manager is now saying I didn't manage 3 days so wants to chg my contract to one day or 8 hours over 2 days - I do not want this. If I get well enough to work I would want flexi hours or work afternoons cos morning worse time. I work for local authority. Occ health doc said " they can't create you a job just cos you're disabled". I thought equality act said flexi or reduced hours was a "reasonable" adjustment ???

8 Replies

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  • They cannot force a change of contract on you. You are right that flexi or reduced hours are reasonable adjustments.

    But experience tells me it is shady ground these days. I worked for Gov. Dept and was sacked for becoming disabled. I fought it for as long as I could, but 2 years after fibro diagnosis and with arthritis also worsening... Their argument was that I could no longer do the job I was contracted for. mine was that I may be able to once I feel better.

    It is so ironic now they want to force us back to work!

    If they will end up letting you go it is better at the longer hours. Otherwise it may be best for you to propose the changes that you would like, with your explaination. They would be unreasonable if they did not accept that. Make sure that any meeting you have with them is minuted and that you have a friend, colleague or union rep there as witness.

    Good luck x

  • Thanx. This is so stressful. Can I apply for medical retirement or do they have to suggest this

  • The way they will get round it is to say your not up to the

    Job hope u get it sorted x

  • My advise would be to seek the help of citizens advise or legal person who specialises in employment law. If your a member of a union they would be a good place to start.

    In my experience employers get away with most things by saying your not able to do the work required and the smaller employers get away with the most.

    Good luck to you xx

  • Hi - they have a legal duty to consider reasonable adjustments that may enable you to continue working. They are in breach of the equality act if they don't give you the opportunity to try and return to work full time - and this means an extended phased return to work at the very least. You can then make the decision if you want to reduce your hours. You need to raise a grievance if they force a contract change on you and if this is not upheld you are able to take an employment tribunal case against them. I would recommend you contact ACAS or the Equalities and Human Rights Commission is a very good place to start. This link will take you to the advice and guidance and their website. equalityhumanrights.com/adv... I work full time as an Equalities Lead in an NHS organisation. I guess this has helped me to enforce my rights as an employee and supported by the Occupational Health Consultant I am on an extended phased return to work that can be extended further depending on how each increase goes. I at least want to try to get to full time - even if I can't sustain it - I will have at least tried! Good Luck.

  • Thanx

  • I would suggest getting legal advice - it will be free from a Law Centre or somewhere like CAB. Contact details for these and other organisations are on the botton of the page linked below:

    fibroaction.org/Pages/Benef...

  • Thanx

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