Demotion Due To Illness

[jelly baby]

My stepson had a stroke in June 2024.

He is the manager of a well known chemist chain.

He was off work for approximately five months on full pay, then for several weeks on Ssp. He is now on a phased return. He has been told that if he doesn't return to full time hours by the end of January he will be demoted to assistant manager. he's been there around eight years with no time off at all for sickness until now.

Can they demote him because he's been ill?

Thanks in advance .

 

 

 

[Rosetta]

Try ACAS for  advice

[ladybirder]

Here's all you need to know here jb.

https://www.gov.uk/dismissal/reasons-you-can-be-dismissed#:~:text=You%20can%20be%20dismissed%20if,you%20sick%20and%20needs%20changing

 

[maggiebee]

Employer's responsibilities 

Support the employee: Consider ways to help the employee, such as changing their job role or working conditions

Give time to recover: Allow the employee a reasonable amount of time to recover

Follow procedure: Follow the correct sickness absence procedure

Treat fairly: Treat the employee fairly and without discrimination

 

Seems your stepson is being fairly treated if procedures are being followed.

[Old_Geezer]

No expert, but I suspect they are at liberty to position their employees as they wish. Perhaps they need the manager role filled, but can cope with a missing assistant.

[Peter Pedant]

I dont think they can fire him ( for incapacity)

If he works 32 h out 37 then he will get 32/37 full weekly pay.

Regrading as a result of incapacity - he really needs  to join a union