Advice on an HR Issue (also posted in the Business section)
Discussion
Hi all
I was wonder if anyone working in a HR department can give me a bit of advice.
My wife is a manager for a national clothing retailer and she works out of our local store, which is a mile down the road. Under her contract she can be transferred to other stores within the area. A few years' ago she was forced to move to failing store which was about 30 minutes drive away. Whilst working at this store she was diagnosed with Fibromyalgia and suffers from chronic fatigue. Fortunately, about a year ago a she managed to transfer back to our local store, which is smaller and easier to run. Unfortunately today, they have requested that my wife transfer to another failing store within the area! As a result, my wife pointed out that with her health problems she felt that the travelling and additional pressure would be too much for her. The response from her company was that under the terms of her contract they can transfer her anyware within the region and she has four weeks to comply! Therefore, if my wife fails to comply the company will hold her in breach of contract and she will be subject to disciplinary proceedings!!
I find this treatment appalling for someone who has spent the past 12 years' working for this company. A bit of advice on where my wife stands in situation would be very much appreciated.
Many thanks
John
I was wonder if anyone working in a HR department can give me a bit of advice.
My wife is a manager for a national clothing retailer and she works out of our local store, which is a mile down the road. Under her contract she can be transferred to other stores within the area. A few years' ago she was forced to move to failing store which was about 30 minutes drive away. Whilst working at this store she was diagnosed with Fibromyalgia and suffers from chronic fatigue. Fortunately, about a year ago a she managed to transfer back to our local store, which is smaller and easier to run. Unfortunately today, they have requested that my wife transfer to another failing store within the area! As a result, my wife pointed out that with her health problems she felt that the travelling and additional pressure would be too much for her. The response from her company was that under the terms of her contract they can transfer her anyware within the region and she has four weeks to comply! Therefore, if my wife fails to comply the company will hold her in breach of contract and she will be subject to disciplinary proceedings!!
I find this treatment appalling for someone who has spent the past 12 years' working for this company. A bit of advice on where my wife stands in situation would be very much appreciated.
Many thanks
John
The Company has an obligation to consider your wife's health under the DDA (or whatever the replacement legislation is) and could be held liable for anything that could happen to her if they don't. Assuming the Company are aware of her health situation perhaps they they would be prepared to make a reasonable adjustment but I suspect that such adjustment would not suit them.
If your GP would be prepared to but into writing what he feels would be reasonable then you can put this to the Company.. It does sound like the Company are not being reasonable and only care about their own problems. You can probably win this battle but what affect it might have in your wife's future relationship with them who knows?
If your GP would be prepared to but into writing what he feels would be reasonable then you can put this to the Company.. It does sound like the Company are not being reasonable and only care about their own problems. You can probably win this battle but what affect it might have in your wife's future relationship with them who knows?
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