Cutting my pay after time off due to illness - is this allowed?

[AlexJ]

Hi all, I am in a bit of a pickle with regards to my current job and was wondering if anyone could help me out.

I have been employed at mcdonalds since July 2009 and had worked my way up the ladder to end up with a decent job for someone my age. In July 2011 I was diagnosed with crohns and ended up having to take a long time off due to illness and having an ileostomy. When I first left I was told that my job would be kept open for me and that I would be able to return at a later date with the same position and pay.

I have recently started back again but have been told that I have to start on a basic wage and earn my position back (because I "quit" my job and was rehired? Not true). This works out to an £80 loss on what I used to earn per week - are they allowed to do this?

:ymad:

 

[StarGirrrrl]

I am pretty sure that they can't- I would consult a Solicitor and contact the UK IBD Charity for some guidance and support.

 

[skippy111]

Did you go on a medical leave of absence?

I don't understand why they said you quit. Did you resign, give them a letter?
If not then you did not quit and yes I agree with StarGirllll

you should contact a lawyer,

 

[rygon]

citizens Advice http://www.citizensadvice.org.uk/ may be able to give you some help. But as you stated, if you havent left and was on sickness then they cant do that

 

[2thFairy]

Oh, you're in the UK. Sorry, can't add anything.

 

[AlexJ]

Did you go on a medical leave of absence?

I don't understand why they said you quit. Did you resign, give them a letter?
If not then you did not quit and yes I agree with StarGirllll

you should contact a lawyer,

Yes it was medical leave and it was confirmed before I went on leave

Thanks for the advice folks

 

[EthanPSU]

Gah! I took a class about this in college this past year...I should of payed more attention but i'm pretty sure, like skippy said, if it was a medical leave of absence (Baby, Illness, Etc...) it is not allowed to terminate or reduce a persons position in the company if specified in the details. But again I just saw you're in the UK so not sure what the laws are there. I took american law lol

 

[PsychoJane]

I don't know the UK laws but as far as I know, here, it would not be accepted. For instance, if you have worked for your employer for more than 3 months, you are allowed to miss 26 weeks (6 months) without salary and get your position back when you are ok. Obviously, this requires that you have notified your employer which may have asked you for a document to prove/explain the reason for your absence. Then, when you returns to work, the employer must reinstate your position and grant you the wages and the benefits that you would have been entitled to had you remained at work.

I can't exactly find this same thing for UK but I found that one link that might be helpful for you:http://www.direct.gov.uk/en/Employment/Employees/Sicknessabsence/DG_185054

I don't know how accurate that website is, I guess someone may confirm if that site is pertaining or not when it comes to your situation (ie.; employment tribunal).

 

[Terriernut]

If you were diagnosed with Crohns and got an ileostomy during your employment, no they cant. You are also covered under the DDA law. Disability Discrimination Act.

Go to the ACAS website as well for help and advice. Also the CCFA website.

 

[BBACK12]

QUOTE=AlexJ;459760]Hi all, I am in a bit of a pickle with regards to my current job and was wondering if anyone could help me out.

I have been employed at mcdonalds since July 2009 and had worked my way up the ladder to end up with a decent job for someone my age. In July 2011 I was diagnosed with crohns and ended up having to take a long time off due to illness and having an ileostomy. When I first left I was told that my job would be kept open for me and that I would be able to return at a later date with the same position and pay.


That's not allowed!! I was worried about this too, as I'm afraid I may have to take some time off. I was told that if you work at a big corporation like that, they cannot do that over a medical illness that has proof. I work at Wendy's right now and I make more than minimum wage, and more than most people there. I would consult a lawyer or someone who could help you investigate! I'm pretty sure they can't do that to you.