ooo sorry to hear of that Joanne ,
and i think you know the man to contact .
It does sound to me that they possibly have taken advice( It may not be correct) .. employment contracts are odd things and it is better to refer to them as Terms and Conditions (T&C's)
Take this as a recent example ...
Young woman starts work as a nursery nurse , her T&C's state 14 hrs a week when she first started , and the written T&C's have never been changed since then. However in year 2 of working there she starts being asked to do 37 hours a week and has done for the last two years .
She becomes pregnant , tells her employer , and her employer immediately changes her hours back to 14 stating that that is in her terms and conditions when she first started . This is wrong , since as she had been working 37 hrs for a length of time , this then supersedes the original T&C's and the employee should put in a grievance ( or whatever action necessary.) This case had other issues and is getting common ..( ie employer telling her now she was on 14hrs a week she wouldn't qualify for maternity pay and she wouldn't have a job after the leave.. all wrong and this employer is now being "educated" by a great legal aid solicitor!)
Your current T&C's are partly based on the original ones(including mobility clauses, variation etc..) ,and also based on the terms you have been working on for a period of time, i cannot comment on whether this applies to bonuses , however just because an employer says something , does not make it true.
So you do need Bob , as a lot of legislation with regard to Disability and employment use the word "reasonable" and the word is used on both sides of the argument . Yes a company has to make reasonable adjustments , but what is reasonable to a small company would differ from that of a multinational.
In my personal view , if you are regarded as having a disadvantage at work because of your condition , then this imbalance should be redressed or "evened-out" .But thats me and i don't write the statute books :(
As to how far you take the matter it is up to you , since at the end of the day, you work there . But definitely get advice , and bear in mind that even though you have had a hard time ..this has forced the company to look at employment rules and legislation with regard to disability that they might never have considered, and that is a great thing.
Sorry not a lot of practical help I'm afraid but Bob is your man :)
Just to sum up how odd Employment Law is ..
Everyone has seen the phrase "probationary period" when applying for a job .. this phrase is actually useless , since you generally have the same rights during the probationary period as after that period , unless of course there is a pay rise involved . I nearly pointed that out to the interviewer at my last interview but thought better of it ;l)
Hope this is the last wrinkle in your struggle :)
Rich :)X
"The difference between 'involvement' and 'commitment' is like an eggs-and-ham breakfast: the chicken was 'involved' - the pig was 'committed'."
