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Employment Rights and Illness/Injury

(3 Posts)
TooMuchJD Tue 16-Aug-16 21:02:47

My mum has worked for a company for 19 years. She works for min wage 5am till 1pm,same hours as my brother who gives her a lift too & from work, same factory, different dept. Rest of her dept work 8am -4pm. She's done these hours for 5 yrs as she has bad knees, awaiting replacement surgery, HR aware of her limitations and cannot catch the bus due to not being able to walk to the bus stop.
Her company been bought out by new owners 4wks ago and she has been told she must go onto the same hours as the rest of her dept for no other reason than the new management don't want her to be on alternative hours. She is the only one willing and skilled enough to do her job which is a necessity to the company so they cannot make it redundant (they have already queried this with the floor manager). Despite being told why she does different hours and economically it is of no detriment to the factory the senior management have told her it's not their problem that she cannot get to work, get a taxi instead. As she's on min wage anyway this would work out around £10 per day, there is no one else in her dept she can car share with either and she doesn't drive. She is seeing the GP this week about her knees and her anxiety/depression due to the circumstances at work and to ask for a medical letter supporting her inability to use the bus to get to work.
Does anyone have any advice about how she stands legally with special requirements in the workplace with regards to her health? She's really worried and it's making her very ill. She is 59 so alternative employment with her current medical status would be difficult. Thanks in advance x

INeedANameChange Tue 16-Aug-16 22:42:19

If there has been a TUPE transfer then she's entitled to remain on the same terms and conditions unless there is an economical, technical or organisational reason for the change.

A grievance is the first step. She could then bring an ET claim if there's no ETO reason for the change, and/or resign and claim constructive dismissal.

If she has a disability then that could be another claim in its own right.

Best to seek legal advice I think.

TooMuchJD Tue 16-Aug-16 22:57:04

I don't believe there has been a TUPE transfer that I'm aware of INeedANameChange, l think the company was simply sold to a new owner. The factory staff were nit informed formally, they read about it in the local paper once the deal had been secured. It I'd an American corporation that has taken them over, there's been no paperwork issued to the employees. My mum is not the only person being discriminated for her medical probs, another women received a verbal warning for time off even though she was visiting her gp whilst waiting for a double hip replacement and a man in the warehouse who has had 2 strokes in recent years but was found a job that he could manage in that dept has been asked to move to another dept to do a job they know he is not physically capable of doing.
They appear to be trying to force out any employees they feel are dead weight by making it untenable for them to stay. Makes me VERY angry!

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