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Stella_10
Stella_10 Member Posts: 7 Listener
edited July 2018 in Work and employment
I suffers from RA for last 10 years. Place where i work, all these years reasonable adjustment was done. Now the company is taken over by a new company. My contract comes under TUPE. I have been asked by my doctors that I should not do evening shifts because of my condition. The new company has given all of us a new Rota where they gave me shifts with evenings (this was given without any meeting or discussion) when I asked to re look the Rota they said there are other associates who work with me having same RA are doing evenings then why not me? I explained them that the conditions are not same so please re look. I brought the letter from my GP to proof that I have this condition and the manager immediately said that if you disagree to the Rota then we will send you to OH again and also tell them that there are other people too who have the same disability. And they also said that I have done evening shifts before and also worked for overtime. I was shocked  and told them that OT which i did was to help with short of staffs and sone of the shifts which i did was, asked by my supervisor and also the days when I worked was my good day.  They sent me to OH and the report came and it says the same I should work only day shifts and also if it is my good day I should be allowed to work.
When the OH report came they sent me the email saying that as it's me who asked for the OH report and looking in to the previous report we are giving you 3 options to consider. 1. Redeployment 2. Reducing hours.3. Doing 2 evening shift and then next day off for recovery day.
I have asked them to re consider the Rota as- I am not willing to reduce my hours  redeployment is only done when there is any change to my condition and evening shifts I can not as my condition does not allow me and also suggested by OH so why I can not be given a day shifts when there are 16 people who work in the same department.  Now they are saying as I did not agreed for any so they are going to put the Rota live where I now need to do evening shifts too. 
Please suggest or help. 

Comments

  • Pippa_Alumni
    Pippa_Alumni Scope alumni Posts: 5,799 Disability Gamechanger
    Hi @mwila_scope/ @Donisha_scope, is there anything you could suggest here?
  • April2018mom
    April2018mom Posts: 2,869 Member
    Hi Stella!

    It sucks but you must start over again. There are organisations that help disabled people who can and want to work. Remploy is one of them. Start by contacting one of them for now. They can help you find work. 

    What are your strengths and weaknesses? Do you have any qualifications or not? Please tell me about your interests. Once you have researched positions you can do and like apply for them. Good luck job hunting. 
  • mikehughescq
    mikehughescq Member Posts: 7,820 Disability Gamechanger
    No need to start again at all. Your new employer is treating you as though you’re a new employee and it’s making you some kind of offer of employment. It is not and it may well have misunderstood the nature of TUPE. You need union advice ASAP and if you’re not a union member then you need an employment solicitor to send them a letter before action as this looks a straightforward TUPE breach. Employers tend to think TUPE is just something which applies on the day you transfer. It is not. 
  • Stella_10
    Stella_10 Member Posts: 7 Listener
    Thank you so very much April and Mike. Solicitor been contacted. I am member of union. You will be surprised to know that- all this time employer was supported by union and the options they gave was suggested by union. After solicitor's letter, the employer agreed to give me shifts as per OH report. Thanks again x
  • mikehughescq
    mikehughescq Member Posts: 7,820 Disability Gamechanger
    Wow, that was quick, but excellent. 
  • April2018mom
    April2018mom Posts: 2,869 Member
    That was quick. Good luck!! 
  • magunra2k
    magunra2k Member Posts: 46 Connected
    Hi Stella!

    It sucks but you must start over again. There are organisations that help disabled people who can and want to work. Remploy is one of them. Start by contacting one of them for now. They can help you find work. 

    What are your strengths and weaknesses? Do you have any qualifications or not? Please tell me about your interests. Once you have researched positions you can do and like apply for them. Good luck job hunting. 
    this is terrible advice
  • mikehughescq
    mikehughescq Member Posts: 7,820 Disability Gamechanger
    I was trying to avoid saying so but the outcome speaks for itself reallly.
  • Stella_10
    Stella_10 Member Posts: 7 Listener
    Magun and Mike, thanks again x
  • Stella_10
    Stella_10 Member Posts: 7 Listener
    I was bit shocked with April's response. But end result is the happy :smile:

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