T
Tbird
Guest
I hope someone can give me a pointer here, but I do feel I'm heading in the right direction with this problem.
I was TUPE'd 2 years ago with same T&C's etc. I work in a high stress job. Before that I worked for 8 years with previous employer (5 years in this role).
In February I went off with stress (I told them in Nov but nothing changed). After 4 weeks I decided to try and return to work. My employer phoned me to say that they had the possibility of a similar but lighter job I could do for 6 months and would I be interested. I said I'd give it a go.
On returning to work that day, my boss said that he didn't think that the lighter job was ready yet and that it would be for less hours a week. I said that I would be happy to do that but could not return yet to my usual duties. I suggested light duties I could do around the office until the new project was live. During this conversation I had a panic attack and was very tearful. He suggested that I was not really fit to return. I said I wanted to try. He would double check all this and we would confirm if I could do the office light duties on 3 days a week until the project starts. He suggested I leave early that day.
In the afternoon he said there was no project in the pipeline and no light duties and asked me twice in succession if I was really fit to return. He suggest I leave very soon for today and we would discuss this again. I left shortly after.
After thinking about this I saw my GP who gave me a 3 month sick note for depression. I could see I could not do my regular job and they hadnothing else for me.
2 weeks alter the HR dept send me a letter "confirming my variation of contract of reduced hours" from the day I had the conversation with my boss. I disagreed that nothing was agreed and that the return to work was not a success and that I was not fit to return.
They have asked for a lot of info about who said what and at what time etc etc. I have been very careful in telling them as it is and not falling for agreeing to open-ended change to my contract as it was on condition of doing the new project. I consider I was not in a position to really make that a firm decision there and then.
Tomorrow is payday and I'm half expecting it to be a reduced amount. They still haven't made their "decision" about whether to "reconsider" their stance.
I am asking this:
Is it a breach of contract? Nothing was written down and I was very upset and crying during that meeting.
If my salary is less than my old salary - should I ask them for the remainder by cheque asap? Or let them know that I'm taking the money but still in dispute.
I actually don't want to return now as I have lost trust with them. Also I think they are trying to get rid of us TUPE staff as it looks like the funding for our work runs out in a few months and its a hefty redundancy payout for them. They have got rid of other staff by "restructuring" and then changing the structure back again and kept it quiet. I think they are unscrupulous.
At what point to get legal advice? When pay is low? When I have enough and hand in notice? Or wait for them to dismiss me through sickness procedure?
Any ideas gratefully appreciated.
I was TUPE'd 2 years ago with same T&C's etc. I work in a high stress job. Before that I worked for 8 years with previous employer (5 years in this role).
In February I went off with stress (I told them in Nov but nothing changed). After 4 weeks I decided to try and return to work. My employer phoned me to say that they had the possibility of a similar but lighter job I could do for 6 months and would I be interested. I said I'd give it a go.
On returning to work that day, my boss said that he didn't think that the lighter job was ready yet and that it would be for less hours a week. I said that I would be happy to do that but could not return yet to my usual duties. I suggested light duties I could do around the office until the new project was live. During this conversation I had a panic attack and was very tearful. He suggested that I was not really fit to return. I said I wanted to try. He would double check all this and we would confirm if I could do the office light duties on 3 days a week until the project starts. He suggested I leave early that day.
In the afternoon he said there was no project in the pipeline and no light duties and asked me twice in succession if I was really fit to return. He suggest I leave very soon for today and we would discuss this again. I left shortly after.
After thinking about this I saw my GP who gave me a 3 month sick note for depression. I could see I could not do my regular job and they hadnothing else for me.
2 weeks alter the HR dept send me a letter "confirming my variation of contract of reduced hours" from the day I had the conversation with my boss. I disagreed that nothing was agreed and that the return to work was not a success and that I was not fit to return.
They have asked for a lot of info about who said what and at what time etc etc. I have been very careful in telling them as it is and not falling for agreeing to open-ended change to my contract as it was on condition of doing the new project. I consider I was not in a position to really make that a firm decision there and then.
Tomorrow is payday and I'm half expecting it to be a reduced amount. They still haven't made their "decision" about whether to "reconsider" their stance.
I am asking this:
Is it a breach of contract? Nothing was written down and I was very upset and crying during that meeting.
If my salary is less than my old salary - should I ask them for the remainder by cheque asap? Or let them know that I'm taking the money but still in dispute.
I actually don't want to return now as I have lost trust with them. Also I think they are trying to get rid of us TUPE staff as it looks like the funding for our work runs out in a few months and its a hefty redundancy payout for them. They have got rid of other staff by "restructuring" and then changing the structure back again and kept it quiet. I think they are unscrupulous.
At what point to get legal advice? When pay is low? When I have enough and hand in notice? Or wait for them to dismiss me through sickness procedure?
Any ideas gratefully appreciated.