Work move location ,Appeal failed

grazzzz

Thanks everyone

KiKi

You haven't responded as to whether she qualifies as disabled, and whether she has declared this to her employer. And it sounds like she didn't put this rather important information on the form when asked to give a preference for location - I appreciate her manager suggested she didn't need to, but that was really foolish.

If she has a disability, she should specifically write and ask for reasonable adjustments for her new role in Bethnal Green (ie, put her in a different location) - not simply challenge the decision to move her which would have been calculated using some form of parameters which may include skills, capability etc. She needs to do this in writing and ask for reasonable adjustments to be made. She can back this up with her own doctor's evidence as well as the MO.

KiKi

FBaby

The first thing she needs to do is get a hold of the policies that relate to:
- HR process during restructure. There should be something about relocation.
- If not, there should be a policy around relocation as a whole.

If no such policy exist, then she has a case about them making a decision without one. If they do, she needs to go through every line and check if they have acted against it.

If that is the case, then she needs to write a grievance to HR citing how her manager did not follow the policy and that she is seeking legal advice on this basis (even if she isn't). She would need to make it clear what it is she wants (I assume to remain where she is, same hours etc...)

Question the organisation policies and HR will take her grievance seriously (she might want to also look at the grievance process policy).

Good luck to her.

tomtontom

FBaby wrote: »

The first thing she needs to do is get a hold of the policies that relate to:
- HR process during restructure. There should be something about relocation.
- If not, there should be a policy around relocation as a whole.

If no such policy exist, then she has a case about them making a decision without one. If they do, she needs to go through every line and check if they have acted against it.

If that is the case, then she needs to write a grievance to HR citing how her manager did not follow the policy and that she is seeking legal advice on this basis (even if she isn't). She would need to make it clear what it is she wants (I assume to remain where she is, same hours etc...)

Question the organisation policies and HR will take her grievance seriously (she might want to also look at the grievance process policy).

Good luck to her.

This is the civil service, she has a mobility clause in her contract. It is HR that will have run the process, not her manager. She has already appealed and that failed - that was the time to bring up any failings in the process. A grievance cannot be used as an additional line of appeal.

The advice regarding reasonable adjustments is sound. There is no guarantee it will get her moved, but having exhausted the appeals process, it really is the only option she has.

FBaby

I don't agree. Have personal experience when an appeal to the process in question was rejected, but a grievance citing specific policies that had not been adhered to did yield the result I was asking for.

My experience is that grievances have more weight than appeals because it forms part of a potential legal process (hence mentioning legal advice).

Of course, all this only applies if OP can show evidence that policies (local/national etc...) had not been adhered to in the process, especially in reference to health issues/disabilities.