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I have been forced out of my job of 12 years(I have been told

 
joannem1965's Avatar
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Customer Question

I have been forced out of my job of 12 years(I have been told that I do not fit the criteria)and have been told the only position for me is regular night shifts.I am being pressured into signing an acceptance form congratulating me in my successful application for the job.My trade union rep has told me he has consulted the full time union official and has advised me to sign or I will be sacked in a matter of weeks.I am 62 and have worked at 'Pilkington flat Glass' for 39 years.

 

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Province/Country relating to question: merseyside

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I have relied on my union reps.

Submitted: 283 days ago.
Category: UK Employment Law
Value: £33
Status: CLOSED
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Expert:  UKSolicitorJA replied 283 days ago.

Hello,

What is your query please?

Customer replied 282 days and 23 hours ago.

My heart specialist on Jan 30th 2012 requested my employer to allow me to avoid shift work only doing normal day time hours.Although helpful at first I am now being forced into a position that will be detrimental to my health.

My union rep.just keeps saying "whats your problem?Sign the acceptance and just keep producing notes from your doctor saying you cannot work night shifts.

My dilemma is that once I sign I may be forced onto night shift anyway or If I refuse to sign I may be dismissed.

Also my manager keeps warning me that if I do not sign then I will have no position within the company.When I replied "does that mean I will be redundant" he replied "I do not know what that word means".

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Expert:  UKSolicitorJA replied 282 days and 13 hours ago.

thank you.

i will review and revert

Customer replied 281 days and 9 hours ago.

You have asked me to respond to you a.s.a.p. But I have not received a question yet.

Accepted Answer

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Expert:  UKSolicitorJA replied 281 days and 9 hours ago.

Hello,

Sorry for the delay, connection issues.

It seems that your employer is acting unfairly in pressuring you to accept a night shift position.

You cannot be forced into signing and if you are dismissed, you may have a claim for unfair dismissal, unless you are dismissed by way of lawful redundancy if your current position stops existing.

Hope this helps

Expert TypeSolicitor
Category: UK Employment Law
Pos. Feedback: 89.7 %
Accepts: 334
Answered: 7/2/2012

Experience: solicitor

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Expert:  joannem1965 replied 281 days and 8 hours ago.

Hi there I must admit that it appears your employer is not really acting very fairly and also that you're not getting the required support from your union. For starters you can't simply be told you no longer fit the criteria for your job and be expected to move. You've been employed in a specific position and have the right to remain there unless the employer has a valid reason for removing you.

I see you mentioned you have a heart condition. Is it long term? Is it likely to last for more than a year? Does it have a substantial adverse effect on your ability to perform your normal daily activities? If yes, you could be disabled under the Equality act. What that means for you is that you're protected against discriminatory conduct by your employer and they can't treat you badly because of your condition. Also they'll have to make reasonable adjustments to help you with the condition.

Ask your employer why they don't think you fit anymore. Is it because of your condition? If so ask them to make reasonable adjustments that help you, not that are detrimental to you. They can't just sack you without justifying this for one of the fair dismissal reasons allowed by law (misconduct, redundancy, ill health and so on).

Think about raising a grievance now to formally complain about this. Try and resolve it that way. Do not sign anything yet. If you feel forced to, tell your employer you are doing so under duress and you'll only work the new job reluctantly until this is resolved.

Expert TypeAdvocate
Category: UK Employment Law
Pos. Feedback: 100.0 %
Accepts: 49
Answered: 7/2/2012

Experience: LLB (Hons), LPC

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