Advice On An HR Issue Required
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
She should get a job at a competitor's local store and use her skills and experience to decimate the business of the store she is currently working at.
If her current employer doesn't take account of her own situation when interpreting the contract then she really doesn't want to work there if better alternatives are available
With the employer hat on though, if a transfer is a condition in the contract and she is a good person to run the alternative store, then no wrong is being done is it?
If her current employer doesn't take account of her own situation when interpreting the contract then she really doesn't want to work there if better alternatives are available
With the employer hat on though, if a transfer is a condition in the contract and she is a good person to run the alternative store, then no wrong is being done is it?
Johnrosk said:
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
Is she a union member by any chance? To my uneducated ears it doesn't sound right but it's likely that they'll try to take the piss until you start saying magic words like "equality act", "industrial tribunal" and "enhanced payout". Lawyers will be along to advise properly, but I found the link below which is probably a good place to start.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
http://www.ucu.org.uk/media/pdf/2/1/Reasonable_Adj...
She's run afoul of a twit. She should immediately seek employment elsewhere.
In my experience you can't reason with these people and, technically, they will be contractually within their rights. They might have no human sympathy but they'd still be within their rights.
If they're upset about losing her she might be able to negotiate - but she needs that next job. And there is no reason at all not to mention in interview that she's seeking local work and that this is the reason for the move.
In my experience you can't reason with these people and, technically, they will be contractually within their rights. They might have no human sympathy but they'd still be within their rights.
If they're upset about losing her she might be able to negotiate - but she needs that next job. And there is no reason at all not to mention in interview that she's seeking local work and that this is the reason for the move.
A disabled person is defined in the Equality Act 2010 as someone with:
"A physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities".
They should actually be showing to change her job to be accommodating.
I'd consider two options:
1) A polite but firm letter from an employment lawyer.
2) She puts on record in writing he health issues, and the reason why her heath may be affected by the change of venue, urges them to reconsider, but will go if she is left with no choice.
Then, a week in, if she is feeling unwell, she reports that. If she needs time off, she has that. Then, she can reassess dependant on how stubborn the company is, and legal advice she gets.
ETA: I'm an employer myself, I don't treat people like that. Consider both options and get qualified advice. The Equality Act is the angle here, because one it is formally accepted she is a disabled employee they can't mess her around.
"A physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities".
They should actually be showing to change her job to be accommodating.
I'd consider two options:
1) A polite but firm letter from an employment lawyer.
2) She puts on record in writing he health issues, and the reason why her heath may be affected by the change of venue, urges them to reconsider, but will go if she is left with no choice.
Then, a week in, if she is feeling unwell, she reports that. If she needs time off, she has that. Then, she can reassess dependant on how stubborn the company is, and legal advice she gets.
ETA: I'm an employer myself, I don't treat people like that. Consider both options and get qualified advice. The Equality Act is the angle here, because one it is formally accepted she is a disabled employee they can't mess her around.
She needs to make her medical condition known to her employer. has this happened? Do they know?
If they do, then they're on the boundary of being reasonable, and probably pushing it a bit because they want a good result. There's a compromise in there somewhere, sounds like a conversation needs to happen away from waving bits of paper at people
If they do, then they're on the boundary of being reasonable, and probably pushing it a bit because they want a good result. There's a compromise in there somewhere, sounds like a conversation needs to happen away from waving bits of paper at people
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