im after some advice for my sister as he was due to return to work on 20/02/2012 but as yet hasnt returned, i will try and explain why below.
ok here we go.
back last january she wrote to the owner requesting that her maternity leave start 1 month before her due date and expressed that she would like to return after 9 months (date above). this was all agreed to and at her requested lave date she began her ML.
Soon after leaving the owner sold the business to someone else, but didnt think much of it as nothing really changed at her place of work.
so January this year she contacts the New owner (first contact since he took over 8 months before now) and just reminded him that her return date was coming around.
they meet to discuss her return as she had been told that he no longer wanted her at the branch she worked at but at branch on the other side of the city, approx 30 mins from her current branch.
within the meeting he asks when she is thinking of having another baby and wouldnt she rather stay at home and uses his sons wife as an example of someone who gave up her job because she couldt afford childcare as well as bills etc.
he says to her how her work at her original branch was brilliant and how he needed her skills at the flagship store as sales and clenliness etc had been declining and needed her to come and 'sort things out' (flattery we guessed) and offered this on a 6 month basis.
he also discussed rota issues with some staff not wanting to work weekends, he actually names the employee in the meeting.
the meeting ends with the owner asking her to think about the move and to go away and have a discussion with partner and family etc and to get back to him with a deision asap.
3 days later she phones him to turn down the offer of the move to the alternate branch as this would incure travel costs and additional childcare needs that would not be able to afford, but that she is happy to return to her original branch at said date as she had already arranged cildcare with family and friends to suit her old hours.
to this he replys that this would not be an option as the person who was covering her supervisory role, is doing a good job and he doesnt want to rock the boat.
2nd meeting - all of the above is discussed and yet he still says that he is not offering her her job at the original branch.
between these meetings she contacted CAB and they advised her that she was entitled to return to her same position due to the job role still being present and that he temporary employee should not have been given her role on a permanent basis.
after many texts and letters discussing the above issues, which include a letter stating that she had agreed to the move, her return to work date is now here yet no decision has been made. the sunday 19th a meeting had been planned but my sister had had the flu in the week and wasnt up to a meeting, so contacted the owner and said that unless he had changed his mind about her location they would only be going over the same ground as before.
THIS IS WHEN HE MENTIONS THE MOBILITY CLAUSE IN HER CONTRACT 6 WEEKS AFTER THE INITIAL MEETING.
although my sister had not wanted to move she had asked about what her hours would be etc to see if she could take on this opprtunity, but it just didnt suit her.
on the 20 feb, as no desicion had been made, she was due into work at 8am (at original store) at 9 am she managed to get through to ACAS who instructed her to go in to work as usual and if she was sent home it would be on full pay.
this happens, although he did say say she could work that day but under the supervisor as he did not want her at that shop. she says no to this as this was a demotion. with that he says not to work.
as she had nothing else to do she decides to sit in the shop at the tables and have a drink (its a bakery) in the window, shortly the owner arrives and asks her to leave the store.
she rings ACAS again and asks what her right are now, she is intructed to start a grievance procedure, which she does.
after another meeting the ollowing day which again fails to come to an agreement, a grievence was formally started
well today was the grievence meeting, i was with her for support as she was unable to get a neutral person to attend with her. the owner had a HR Consultant with him and she led the meeting.
within this meeting the following was discussed
-change of location
-childcare issues
-travel issues
-her wellbeing
-the use of the mobility clause
there is no heading 'mobilty clause' but under the heading 'Place of Work' it says this
you normal place of work is (her original shop)
you may be required to work at such other location within the (area) area as the company may from time to time reasonably specify.
thats it, it then goes onto next heading - remuneration
-pressure of getting results etc
at the end of the meeting after finally getting a rough idea of what hours she may have to work, my sister agrees to go away and look to see if she can financially afford the move with additional travel and childcare costs.
the bottom line is that she cannot afford it and i am worried for her health as she has been so run down with all of this that im worried she is getting depressed too.
she has always worked and wants to work, but at her original shop
what does she do??