#Employment : help my mum please!

[hello88]

Hello,

 

I am writing on behalf of my mother, who currently has issues with what can be seen as an unfair dismissal.

 

Firstly the situation started off, where my mother had been working in an area of work dealing with work that was detrimental to her health, and after a year of service had asked if she was able to to work on another area where there was less physical demand.

 

It was agreed and she was to be positioned in an area where there was less physical demand that was detrimental to her back and she continued to work in this area for a year alongside other employees in this same position. However it seemed to me or as I perceive it that the management did not acquire to my mothers taste in switching the job position and demanded for a reason; a medical certificate indicating the requirement to operate "lighter duties", and until received, she will work in the area of heavier duty.

 

My mother the very next day had obtained the medical certificate stating the necessary indication of evidence. This was then communicated with the occupational health provider and recognised this and further stated on a copy of the report that it is recommend that she worked in that particular area of the job.

 

Next, a letter was written back informing that the report was received and the next decision was to provide a meeting to discuss further the situation. She then had the meeting with three people, two managers and a human resource manager and stated because of her situation and problem of her back that they don't have the light duty position any more, even though she worked there for a year and was promised so on the letter.

 

I have no idea what to think of this, just sounds to me as highly unfair. Can they do this? what action should she take?

 

Thanks for reading, it is a little long!

[RachelMD]

Does the 'light duty' position still exist?

What are they saying, that she has to go back to her former 'heavy' role, or that she's being made redundant?

When she took on the new role, did they change her written statement of particulars of employment to reflect that?

[hello88]

The position still exists.

They are giving neither the option of going back to either of the roles.

 

I will ask her the last question tomorrow and inform back here.

[RachelMD]

I'm a bit confused. Have they given any explanation as to why they are changing things now?

So are they saying they don't have a job for her, or are they offering her something else?

[Atlas01]

As others said, more detail please

 

If she was re-deployed into the "lighter" position for a year on medical grounds and they retrospectively asked for medical evidence of this which was forthcoming then stopping her doing this role now because it's not there seems strange, are they saying no because of her condition or because the role is now classed as redundant?

 

Your mother needs to get her employer to clearly set out in writing the reasons for them saying this role is not there/for her asap so we can advice better