Some advice on a workplace matter

[antsypants]

Hi

I am just seeking any advice on a workplace matter that my brother is dealing with at the moment and whether this is something he has a right to escalate or seek advice on.

My brother had to take sick leave for 10 weeks recently due to depression, he had a fit note and ssp whilst absent from work... Upon his return he was given a return to work interview where he was informed that his work duties were to be reduced from assistant manager to team member.

He also discovered when given his work rota his hours had been reduced from 39 hours to 31 hours.

The latest thing to happen is that his boss has now informed him that his hourly wage is to be reduced by 25 pence per hour.

He has not been given a new contract or recieved any sort of communication in regards to any of these actions barring verbally.

Does anyone have any advice to where he might stand in relation to these changes? This is a medium sized family owned business so does not have union involvement or the processes that larger businesses might have in place.

Any advice on any rights he may have would be really appreciated.

It depends on his contract of employment. However this does sound like a breach of contract as these changes have been made without his agreement. The changes to his hours and pay are significant and may qualify as a fundamental breach of contract and constructive dismissal, and he needs to decide whether he wants to accept the changes or raise the issue as a grievance, and make it clear he does not accept the changes.

What is his length of service? He needs one year minimum to bring a constructive dismissal claim, which he would need to do within 3 months of the breach.

Start with this ACAS leaflet. There is also a number to call for advice on the inside cover (the first green page). Pages 5 and 6 of the leaflet talk about your brother's situation:
www.acas.org.uk/CHttpHandler.ashx?id=316

Your local CAB could advise him and help with an Employment Tribunal claim:
www.adviceguide.org.uk/index/your_money/employment_index_ew/contracts_of_employment.htm#changes_to_contracts

Your brother's depression may also be relevant if this has been a chronic, long-term problem for him, especially if the y knew about it. In that case there may be a Disability Discrimination Act claim. Claims of discrimination, unlike unfair/constructive dismissal, do not require you to have one year's service. There is a three month time limit for this too.

I'd have a look at the leaflet and online advice guide, and tell him to get down to the CAB sharpish.

That's great olgaga, thanks so much, he has worked there all his adult life (9 years) and this was his first certified absence.

I will give him the information, thanks again for the links.