Oesophageal Patients Association
3,377 members2,109 posts

can my employer do this?

Hi an update on work.......well they have cut my hours at work n union rep said nothing i can do...i rang Acas and they said employer is breaking the law so i don't know which is correct, also manager and HR both said i cwas unable to swap the session that I was struggling with as there was no one she could swap me with...now they have cut my hours there is a member of staff who can now take over my cut hours...surprise surprise!!!

9 Replies

I have no knowledge in this area but so sorry you are having to deal with this .

Have you asked MacMillan for advice ? Might be worth a go .

Good luck .


As explained before your union rep is useless.Without question your employer is breaking the law and I cant think why your union rep is acting like this.You need to speak to someone higher in the union and call ACAS again for ad vice on to what to do next.Let me know what happens in due course


Without knowing the full story, I would say your union rep is as much use as a chocolate fire guard, suggest you call your regional union office and ask for the correct representation (let's be honest that's what you pay your membership fees for. Hope this helps


You might like to think about whether your doctor would sign you off as partly disabled, possibly temporarily, and that might bring Disability Discrimination legislation into play. It is not saying that you are unfit to work; simply that you have a condition (ie long process of recovery from major surgery) that restricts the work you are able to do physically for the time being.

These sorts of events also concentrate your mind on what you really want to do; if you are happy to work for your current employers in the longer term, you might see this a something to accept short term in exchange for a promise to keep your situation under review? It may not be the solution you want in the short term, but you may need to think about the consequences of taking on a battle that you may, or may not win.


Thanks Alan I keep getting told I am covered by the DDA yet my employer seems to do whatever they want and get away with it! I don't want to be going through this but on the other hand I feel I have been unfairly treated just because i refused to cut my hours at the beginning of my return back to work ie: giving me more walking than anyone else etc and I dont want them to think that they can treat peple the same way again !!!!


Dear Margie

I suggest that you have a chat with a solicitor, preferably one specialising in employment law that your union can recommend / pay for. At least then you can establish the legal position and go from there according to how you want to play it.

Good luck



This is a difficult one . Nine months post op. I was still not well enough to cope with the physical side of the job. My manager told me I was unable to fulfil my contract , therefore my contract would be terminated after three more months on full pay. Sounds harsh , but as nobody expected me to survive, I was faced with the decision of did I want or need the added stress of fighting this. Opting for survival and here I still am.

There were plenty of people waiting for my hours as you say.

So good luck, I hope you can find a solution out of this without too much trauma. sally


I'd believe ACAS as I've had dealings with them before and they know the law. Can you not ask ACAS to take on your case before taking it to the Tribunal Service? I did this with an ex-employer and ACAS got me a settlement without going to Tribunal

Hope this helps.



i am going to speak to unison branch if i get no joy from them i will be asking Acas to take on my case thank you


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