Downgraded while off sick with cancer

[Zorgothslugofdoom]

I'm hoping someone may be able to offer some insight/suggestions on my situation while I wait for my union to get back to me. Sorry - it might be long.

This morning my line manager phoned (following an email I sent asking her to not contact me until Monday) to tell me that the group she line managed are being restructured and changes to job descriptions and grades is likely. All of the group except me are the same grade and have the same job descriptions. I am the only one of the group of 12 who is on a higher grade and has a related, but much extended role/job description. The role was specifically created for me to conduct a critical role within my business area. If the duties which give me the higher grade are stripped from my role in order to downgrade me, they will still need completing by someone as they are critical and legal duties. I do have some similar colleagues (same type of extended role and same higher grade). They will not be looked at during the restructure.

I am currently off on sick leave, having been diagnosed with cancer late last year, and having ongoing cancer treatment. The stress of possibly being forced to take a massive pay cut is doing nothing to help my recovery! Any suggestions??

I had similar whilst on maternity leave. I appealed, but lost..I then later raised a grievance which I won, allowing a new appeal which was successful. I also raised a case with acas at the same time but it was not heard as I waited for the grievance outcome.

Sorry this is happening to you op.
Do you have a union?

Sorry, I see you do have a union. My local reps supported me. I also sent details of my case via a form to the local office to see if they would support me at tribunal (legal support). They said no. I guess they need to be selective.

Thank you for your messages - I'm currently waiting for the Union to get back to me.

Do you have any legal /employment advice cover as part of your house insurance? Sometimes people have this without realising so worth checking as if so you could access advice via that.

If you are off who is doing those duties at the moment.

solicitors.lawsociety.org.uk/
check for one who is local expert in employment law & does free or low cost single appointment - I really recommend this dh was going to be made redundant immediately after he informed them of operation - solicitor wrote him letter to give to HR - they had broken several rules

What tends to happen on occasions is when people are off work such as in your position or maternity leave,the employer has to find another way to do the job/duties. Sometimes it means employing someone but more often managed within existing capacity. When it is for an extended period the obvious question is well why do we actually need that person when we have managed before. Harsh but true and the job, or those specific parts don't exist anymore.

So that sometimes triggers a review or part of a wider review. Employers do have to be careful especially with people on maternity leave and lesser so with sick leave unless you fall into the disabled category, which you might do with cancer treatment. However, if they can genuinely demonstrate that the role doesn't exist it is difficult to fight it unless you were discriminated against in relation to protected characteristics.

What should happen is that if there are multiple people on the same role profile then it isn't always the person who is absent that is made redundant or downgraded. This is more difficult for you as you are the only one in that specific role

You need advice and as you are a union member they may facilitate that.

Thanks for all of the advice. My manager has had to cover some of the safety critical roles, plus other, already overstretched, colleagues have had to cover other parts - this has been split over about 10 people so has been just about doable. Any non critical aspects have been left and I will have to try to backfill when I return.

I am so upset about it - but after sleeping the upset has begun turning to anger and I have found my fighting spirit! After all, it's just a job - it certainly pales into insignificance compared to being told you have cancer!

Hello,
Just to say you Are covered as disabled under the Equality Act. They should make reasonable adjustment. If you are the only person to be downgraded, ask your union to look at it.

“The new law protects anyone who has, or has had, a disability. When a person is diagnosed with cancer, they are automatically classified as disabled for the purposes of the Equality Act. This protection from discrimination continues even when there is no longer any evidence of the cancer.“