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Just returned to work after AML need advice please

(3 Posts)
Ginni Thu 10-Sep-09 22:03:38

I manage a small elderly care home in a large organisation and returned to work on Monday. My new(ish) line manager asked to consult with me regarding transfering to manage a different care home, in roughly the same area, but with more residents and staff and a lot more problems. There's an agency manager there at present.

She says he thinks i'm the strongest manager and so wants me to transfer there as it's difficult to manage. The reason i'm posting is to ask whether legally I have the option to refuse?

I might have already given the impression I would transfer, but after visiting the home and seeing how much work there is to do compared to my old job, and how much hassle it will be i'm thinking I was too hasty to agree so soon and i'd be better off settling back into work in my old home where I know things like the back of my hand etc. I'm feeling de-motivated and not really up to the job of fixing this home if you know what I mean. Do I still have the right to change my mind?

For additional info, a replacement was found externally for my maternity cover for a set period, her contract was supposed to finish on Monday but I presume will be extended now before they advertise the position. I have already seen the info on Directgov website but i'd like the opinions of the HR bods who will have dealt with similar situations etc.

Ginni Thu 10-Sep-09 22:07:28

I should add my contract says I can be transferred to any home in the org. in a reasonable distance from the old one. I am thinking that having returned from AML over-rule this point in my contract?

flowerybeanbag Fri 11-Sep-09 11:46:21

The fact that you have been on maternity leave doesn't overrule anything in your contract. Legislation only overrules a contract where it provides greater protection than the contract does.

Your contract says you can be transferred within reasonable distance (which I assume this is), and the fact that you have been on maternity leave has no impact on that contractual term, as you have taken Additional Maternity Leave. Had you only taken Ordinary Maternity Leave, you would have been entitled to the same job back, but after AML you are only entitled to something 'suitable' on equivalent terms and conditions.

So as far as I can tell, your contract and your maternity rights both allow your boss to transfer you if he/she wishes, so there is no legal or contractual right to refuse.

However from the way you speak, it sounds as though it isn't necessarily a question of just transferring you regardless of your opinion, at least not at the moment. It sounds more as though your manager asked you, rather than telling you; you initially agreed, but are now having second thoughts.

I'd advise you speak to your manager as soon as possible about your concerns and see if she is open to you staying where you are.

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