Work move location ,Appeal failed

grazzzz

My girlfriend works for the civil service and has done so for 27 years has 3 years till retirement and has recently had to apply for her job and was told she might have to move locations,she currently has a 15 minute journey to work by car.
She suffer from Spondaloysis of the back and neck and degenerative osteoarthritis has been treated for this for the past 5 .
She was told a few weeks ago that her job location has been moved to bethnal green 3 train rides and a 20 minute walk to the station and someone from Bethnal green will be coming to her location a straight swop.
She has appealed this decision as cannot travel on a train or drive to her new location but lost her appeal. Shs has now got a letter from her consultant saying that the move will in his opinion make her condition worse and she is refusing to go, he has suggested early medical retirement if forced to move.
She in now awaiting an appointment with the chief medical officer but can anyone throw any light on if they can make you do something that will make your condition worse and has a letter which confirms this ?

xapprenticex

sounds like a job for the CAB, you need advice with this.

makeyourdaddyproud

My guess is that the office move will still go ahead even if there are other objectors (quite likely), with the most likely outcome of forced dismissal through GM if there's no further legal traction in your cause and she donesn't turn up at the new site.

However, she has a good service record on her side and I would guess that at some point during ongoing litigations, a compensatory award will be made - though possibly the legal minimum payout for the 27 years. Not sure how much of the payment would remain after engaging a solicitor under a vastly reduced legal aid system, that's assuming even if she were to succeed in court.

Sorry, but I would bet her chances.

tomtontom

Has she looked into Access to Work? They may cover the cost of taxi travel to the new location.

Is there a mobility clause in her contract, what grade is she?

lincroft1710

Is she in a union?

Why did she have to re-apply for her job?

Why does her employer want her to do a straight swap with someone from Bethnal Green?

elsien

Why is she not able to drive to her new location, if she can drive to the current one?

grazzzz

Shes a band D.
Everyone had to apply for there jobs of which 12 people in London were moved. Due to her knees she cannot stand on 3 trains and walk the 15-20 minutes each way to the station.
to drive to Bethnal Green would be impossible because of her knees plus its a good hour and a half each way, a local journey is fine but couldnt sit in a car for that period and stop starting will add wear and tear on knees that are already bad and doesnt also have the confidence to drive in to London. everyone had to apply however no one can give her an answer as to why they have been swopped decision was made by a computer. As for them paying for a taxi it would cost around 85 pounds each way so that wont happen.
She has found out she will get London waiting which is £3500 a year and the girl coming to her position keeps her London waiting also for 3 years. So it has cost £7000 pounds to move 2 people who do the same job to a new location

tomtontom

You shouldn't write off Access to Work - there are limits to allowable costs, but the limits are high. Also she would still have to pay the normal cost of travel, so A2W would not be covering the full amount.

At band D there will be a mobility clause in her terms and conditions.

custardy

grazzzz wrote: »

My girlfriend works for the civil service and has done so for 27 years has 3 years till retirement and has recently had to apply for her job and was told she might have to move locations,she currently has a 15 minute journey to work by car.
She suffer from Spondaloysis of the back and neck and degenerative osteoarthritis has been treated for this for the past 5 .
She was told a few weeks ago that her job location has been moved to bethnal green 3 train rides and a 20 minute walk to the station and someone from Bethnal green will be coming to her location a straight swop.
She has appealed this decision as cannot travel on a train or drive to her new location but lost her appeal. Shs has now got a letter from her consultant saying that the move will in his opinion make her condition worse and she is refusing to go, he has suggested early medical retirement if forced to move.
She in now awaiting an appointment with the chief medical officer but can anyone throw any light on if they can make you do something that will make your condition worse and has a letter which confirms this ?

Is she dismissing early retirement?
With that service & 3 years to go. It might be a decent option.

grazzzz

She could retire but doesnt want too yet she wants the extra money that 3 years will give and feels shes being forced out

KiKi

The decision won't have been made 'by a computer' - there will be someone behind it. And it's highly likely that she will have a mobility clause in her contract - the CS have fairly rigorous (and complex / OTT) HR processes. You say she 'appealed' - did she put in a formal grievance to appeal it, or did she simply ask not to change?

If travel is really impossible for her, then I suggest she first of all speak to her line manager to understand exactly why she's moving location (suggesting that the CS are just being 'difficult' isn't helpful - there will be a reason and it will help to know what it is).

Is she classified as having a disability? Because it sounds like she does, and if so she could ask for a reasonable adjustment to be made on that basis. That's probably her best bet.

KiKi