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Job being downgraded

15 replies

NGC2017 · 17/01/2019 08:48

Hi

Asking for a family member but it is worrying them alot.

Basically 6 years ago he had a really bad workplace injury which caused permanent damage to his back and nerves. He had to take a long time off sick and eventually went back undertaking a different role due to medical advice that his back could no long cope with the duties required of him. He is on ongoing treatment and this will be for life.
His medical experts strongly recommend for him to not work. He is 3 years from retirement but financially has to work. This is why he had to get back to work, as they have a mortgage and bills. However his back is worse than ever and his Chiropractor is concerned how his work is making his back so bad. He says its like they are taking 1 step forward and 10 steps back with treatment.

Yesterday he was called to a meeting and told his role was being downgraded as they dont feel it is worthy of the salary. Of course this really offended him as he works very hard and always has for them, and the only reason he has to do the job he is now is because of their breaches in safety which resulted in his injury. He will lose around 5,000 a year which will mean the household will not be able to meet their already cut back outgoings. They also have the opinion that he has no problem with his back. I can only imagine how insulted he felt by this. I have seen for myself the pain he is in. Often his back will lock and he cannot move for hours. His legs spasm. He looks visibly in pain all the time so for them to have the opinion he is no longer in any pain has really got to him.

Are they allowed to do this? All his Doctors are putting in writing their recommendations, all say he should not be working. But he cannot afford to take a pay cut or retire early.

Does anyone have any advice please?

OP posts:
OddBoots · 17/01/2019 08:50

If this happened because of his employer's "breaches in safety" what action is he taking against them? If his earnings are reduced as a result then that must strengthen his case.

SoftlyCatchyMonkey1 · 17/01/2019 08:50

If they were in breach of health and safety can he not sue them?

PoutySprout · 17/01/2019 08:52

In short, yes they can.

NGC2017 · 17/01/2019 08:54

he already has. it was all finalized last year but due to poor management by the solicitor and that it went of so long and exchanged so many hands, he wasn't compensated anywhere near adequately for the scale of his injury. I remember how upset he was when he was told he will be like this for the rest of his life

OP posts:
LemonBreeland · 17/01/2019 08:54

If it was a workplace injury due to health and safety issues, did this person not receive some kind of compensation for the accident?

I'm afraid I don't have advice on the situation, but it seems very wrong of the employer to do this.

Beach11 · 17/01/2019 08:57

He might be Albert to take early retirement due to ill health. He needs to contact his pension provider

NGC2017 · 17/01/2019 09:00

I will put that to him. Thank you

OP posts:
PoutySprout · 17/01/2019 09:06

Ill health retirement isn’t at anything like full pay though. It’s accessing your pension early.

NGC2017 · 17/01/2019 09:21

His payout was on the condition that his employer changed his role to make his duties more managable following his injury. So how can they now change it only one year on. Surely that payout is a type of contract?

OP posts:
NGC2017 · 17/01/2019 09:24

To add to his insult they are bringing in agency workers that he is having to train to do his job :-(

OP posts:
OddBoots · 17/01/2019 09:24

Did that condition say that pay needed to stay the same or just that the role needed to change?

NGC2017 · 17/01/2019 09:26

Pay would remain, but on medical grounds the job needed to change.

OP posts:
OddBoots · 17/01/2019 09:30

And it actually states in writing there would be no reduction in pay? If so he needs to bring that document in to show them and contact ACAS.

NGC2017 · 17/01/2019 09:30

thank you

OP posts:
thebabysmellsofpooagain · 17/01/2019 09:34

Get in touch with ACAS! My employer tried to downgrade my role following Mat Leave (although they weren't trying to adjust my salary!) and as far as I'm aware, they can't do this in your situation, but it is best to check before anything is agreed to.

Also, with a mortgage, you will usually have legal expenses cover that will likely cover them in the event this has to go to tribunal.

ACAS is the way forward m.acas.org.uk/

Good luck OP! Xx

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