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.
Province/Country relating to question: merseyside
I have relied on my union reps.
Hello,What is your query please?
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.
thank you.i will review and revert
You have asked me to respond to you a.s.a.p. But I have not received a question yet.
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
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.
LLB (Hons), LPC
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).