Protection of Earnings, Medical redeployment

[BiPolarBabe]

Hi, this may be slightly long as it's a bit complicated.

I work in passenger transport. I was a driver. Unfortunately, last year, I was diagnosed with bipolar disorder and put on medication.

Occupational health suggested medical redeployment as they are not happy with me driving until I'm stable on the medication. They're suggesting I could go back to driving after a year settled on new medication, which may take a while as its been tweaked a few times since then.

When driving, I was in a jobshare, so I did 17.5 hours a month. Under redeployment, I get protection of earnings.
I was told I'm a full-time worker according to the company, so I could only be redeployed in a full-time role.
However, it appears that my protection of earnings only covers my jobshare rate, not the full-time salary.

My unions lawyers refuse to touch this as apparently it does state in the contract that my POE only covers my contractual salary.

However, it seems wrong that I'm now doing double the hours for the same pay because I have a medical condition, whereas people who have been redeployed "at fault" get the full wages. The company refuse to move me to a part time position.

Just for further information, I was in a job share because I'm a carer for my disabled husband. I've been part-time or in a job share since 2016 as he's house bound, receives enhanced daily care and mobility on PIP. We also have a child.

I have a grievance in at work as none of this was explained in my case conference for medical redeployment. I only found out when my pay slip came through.

The grievance was put in in August and I have yet to have an outcome. My union rep is still with me but the legal team have basically said no to an employment tribunal.

Any advice on where I stand?

I'm afraid if the union lawyers say you have no chance then that is exactly where you stand. They are the experts. Sorry

Can you argue constructive dismissal as the change in hours is forcing you to quit?

That's what we're going for next. I do have grounds for the grievance, no notice was given over changes to payment on new contract, was meant to be given a month's notice amd the right of response amd appeal.

Haven't had the outcome of the grievance, however if it doesn't get upheld (have heard from many managers that "personally" they think I've been shafted but it depends on what HR have to say)

If not I doubt I'll be able to continue in the role given my caring responsibilities and the effect its having on my mental health so we will argue constructive dismissal

So you are working double the hours for the same pay as 17.5 hours?!? That can't possibly be right!

Did Occ Health suggest or did they refuse to allow you to continue as you were?

If they refused to allow you to continue as you were then I can’t understand what grounds the company has for moving you into a different full time role on the same pay as your job share. That just doesn’t make sense.

Which union are you with? Might be worth getting a second opinion from another union as they (and their reps) vary in quality. Might also be worth checking with Acas?

So, say you earned £100 a month working 17.5 hours (as does your job sharer, so FTE is £200), you are now working 35 hours a month in a different role but still only get paid £100 instead of a full time salary? And they are fully aware that your previous earnings were pro rated to your hours?

Do you know what the full time salary should be for your new role? Surely pay protection only kicks in if your new role should be paid less than the old one

That sounds utterly bonkers

To answer a few questions...

Occupational health stated I couldn't continue as a driver, but was "fit" to take on my current role in a full time capacity, with a few restrictions until my new tablets bedded in. I am still seeing them every 3 months, so I am not signed off fully.

I was working 1 week on, 1 week off, so averaging 17.5 hours a week (paid 4 weekly) earning (numbers made up) 1500 a month. Now I'm working 35 hours a week, but still earning 1500 a week. So money hasn't changed however I'm at work for double the time and having to pay for outside assistance for things I used to do on my one week off, or book annual leave or take unpaid days off for various appointments. Under the jobshare I could have rearranged them for my "off" week.

In the past 2 week I have had 4 rest days. On every one I have had a medical appointment of some description either for my bipolar or for partner's ongoing medical needs. I feel like I don't stop. Ever. Which is affecting my mental health.

The role i am in now does pay a lot less than my former role, very slightly under half. It's the entry-level role for the company. My POE works out as £50 extra a month compared to someone who just started the job, and due to restrictions I cannot do any overtime, which is how the majority of staff top up their wages. Not that I've got enough time to do overtime, or want to! But it's the culture that this role "tops up" their income with overtime.

It's very much a stepping stone role into the better paid jobs. But I can't apply for anything else while I'm restricted so I'm stuck with it.

Was your take home pay under the job share a basic salary topped up to £1500 by overtime? Apologies if you’ve said and I’ve misunderstood.

No, take home for the job share was a standard £1500 basic. My former role was much better paid, but you couldn't do overtime.

Current role is much less well paid so most people do overtime to top it up, or are the second earner at home

This just doesn’t make sense. I’d give ACAS a call and see if they can help.