Discrimination

[ULA]

Redeploying as a reasonable adjustment to a different job and reducing your salary level will constitute fundamental variations to the terms of your employment contract and will therefore require your express agreement following full discussions. There is no specific duty for your employer to maintain your salary level if you agree to move to a lower-graded post, and whether or not it would be reasonable to do so under the duty to make reasonable adjustments provisions contained in the Equality Act 2010 will depend on all the circumstances.

More often than not these circumstances get decided at a Tribunal. One recent case in 2016, The G4S Cash Solutions (UK) Ltd v Powell, which on appeal the Employment Appeal Tribunal found in the favour of Mr Powell. This is probably a case that would be worth your researching.
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[Halfpint]

Thanks* you are all very knowledgeable and helpful.* * The other thing aboit redploymemt is if they cant offer me a post then i can be dissmissed*
* *thats so unfair

[D_Pappa]

Redeployment may be seen as a reasonable adjustment, either with or without pay protection.

It will ultimately be down to a tribunal to decide if it is reasonable or not. The company must be able to demonstrate that the adjustments are reasonable and proportionate (and why it was unreasonable to not give you what you requested).

You have to decide based on your circumstances; if the shifts are impacting your health, it may be worth considering accepting the redeployment (even with a drop in pay).

From what you've said, and my previous comments, if you remain unhappy with the options, you will need to notify to ACAS of your intention to make a claim, taking part in their early conciliation process in the hope of reaching a mutually agreeable settlement - with tribunal action if this fails.

RE: the point about if there isn't a position for you to take, then the company should look to dismiss you as part of a capability process. Again, the onus is on them to do their utmost to make all reasonable adjustments in order to retain you first, either in your current role or another role (pay protection would be seen as a separate adjustment as discussed above and by ULA). It should be a robust, thorough and fair process, so you cannot be immediately dismissed.

Effectively, you've exhausted internal procedures and will likely need to consider tribunal action to pursue what you want. You probably don't want to do this, but that is where we are.

[Halfpint]

Hi,*
Acas have came back today and advised that my employer unfortunately is unwilling to take part in concilliation and have issued me with a cerificate.
Can anyone please advise on what i do now.

Many Thanks

[ULA]

What you need to do is complete and submit an ET1 form to the Tribunal.*