Sick Policy

[StevePil]

Hi All
After some general advice again.
My friend has been off sick with a repeated illness, had approx 3 months off in the last 12 months (scattered) not odd days, literally signed out for 3-4 weeks at a time.
He has returned to work again the latest time, and been told he has been demoted from his role, and instead of being Cust Serv Manager, he is now a cust serv rep, and his salary has been reduced aswell, they have cited his sickness as the reason.
He has never had absence prior to this illness, and has infact given a lot of service to his company over 6 years.
He is thinking of leaving and getting a manager job elsewhere but is worried about his reference due to absences and can not afford to be out of work.
What is the general view, my view is they are not allowed to do this legally? and he could leave and sue for constructive dismissal?
He has been in the role 1 year and nothing in his contract with regards to sickness
Thanks

[Satan&Co]

He moved to a job that probably involved a new contract, so they're possibly within their rights.

Maybe they needed someone in that management role that would turn up every now and again?

Yes, I'm sure his illness was genuine, but that don't get the job done, does it? He'd moved into management - same rules DO NOT apply. It's a dog-eat-dog world, and he just got ate.

His best bet is building up a year without absence and then moving to a different company.

[evedawn]

That doesn't sound right at all. I am not an expert but i think he can be "sidelined" ie: given a less responsible job but they are not allowed to drop his salary.

Best thing to do is for him to ring the union ACAS (www.acas.org.uk) they are great with advice and you don't have to be a member to get their advice. They will take on your friends case if need be and send representatives for him.

[StevePil]

Thanks for the advice, I did think that was the case, he is going to see Citizens tomorrow and ive told him to speak with ACAS, he has been advised by citizens on the phone they can not legally change his contract without discussions with him so it looks like he has a case, even though appreciate what you are saying Satan & Co.
Anyone else been though this or advice
thanks

[Postdog]

Probably better off asking this in law.