Change of working hours and location
Q. Hello. I have been taken in for a consultation meeting today, I currently work 4 on 4 off 35 hour contract which one effect is 10 hours a day. They have told me today they will be moving me to a new building, increasing contract to 12 hour days and reducing annual leave. There is no pay increase. There argument is to bring us inline with people who work 5 days a week. Is this legal
A. With such a substantial change to your location and working hours you should be consulted and your agreement should be sought before commencing the new hours and moving to a new building (unless it is more or less in the same location).
If you have less than 2 year’s service you will have little choice but to accept the change. The alternative is that you are dismissed and will have no recourse to an employment tribunal. However, if you have more than 2 year’s service, unless you agree to the change your employer will have to fire and rehire you on the new hours. That will give you the opportunity to make a claim for unfair dismissal and your employer would need to show the change was a necessary business decision which was reasonable under the circumstances. It is doubtful whether harmonising staff hours is a reasonable excuse.
Access to medical records
Q. have a question about an employer requesting to view your medical records to find out about an underlying condition. I called in sick for 1-day because I had an Asthma Attack and had to seek medical care. When I informed my employer, they sent me a request form for consent to access my medical records from my GP for 1 day of absence?
I've had other short term sick days throughout the year where I did go to GP, but I have never had long term sickness, and have never been off 7 days in a row. I've asked them if they needed a fit note or maybe a letter from my gp stating that I have Asthma. However, requesting access to my medical records seems unjustifiable. If you could please shed some light on this, I would greatly appreciate it
A. It seems that your employer is attempting to address your short term absence. Whilst you have only had the one day off for the asthma it appears you have had other short term absences, the frequency of which are causing concern to your employer. Your employer is also establishing what medical care you received for your one day of absence.
They could address the issue without the need for a GP report but they are clearly looking to see whether you have any underlying conditions which could be a factor in your frequent absences. They could also be checking to see if you have a history of asthma and whether you have previously been prescribed modification for it and what was prescribed on this most recent episode.
You can refuse access to your records and your employer can base any decision they make in respect of your absences on the information they currently have. In my opinion it would be better to agree to a report (which you would get to see before your employer) in order to show that you are not a malingerer and have nothing to hide.
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