Unusual Illness/Work related question

BenjiSayers

BenjiSayers

BenjiSayers

Soldato
Joined
13 Dec 2006
Posts
3,247
Hey guys,

Am just after a bit of advice so will try to keep this and brief and clear as possible without being "tl;dr" :)

Basically my girlfriend works for one of the well known supermarket chains and for over a year and half she has been trying to get a transfer to the store that is more local to her as with the amount of hours she works and factoring travel costs etc it's not worth her even going in somedays.

Now fast forward to today and they have finally after loads of written and verbal requests from herself to get a transfer have turned around and said she cannot have one due to a long term illness she has.

Essentially she suffers from Anemia and most of the time it's not an issue but there have been one or two times where she hasn't been able to make it in for a few shifts as she hasn't felt well enough to go in.

All I wanted to know really is, Is this a valid reason for denying her a transfer? There are a members of staff in that store that are regularly off simply due to the fact they ring up sick from being out on the drink the night before and it is well know what they have been up to. So it seems a harsh and unfair reason in my opinion.

If this is an unfair reason is there anyway she can go about appealing it/or sorting it out? As from when what I know of the store it seems to me they are purely trying to keep her on due to being understaffed. They have a high turn around of staff on the dept she is on due to the fact they don't treat them right and i'm surprised she has stayed there herself for as long as she has.

Sorry for any repetition/if bits of it aren't that clear.

Thanks in advance. :)
 
In her request or her finding out?

I've not been able to speak to her properly about it so far as she is still at work so sent me a quick text on her break. But from what I understand she was told verbally she couldn't. Will update with exact wording when I speak to her properly later.

Not sure if she has spoken to the closer store either, will find that out too.

Thanks for all the help guys. will get specifics as soon as possible.
 
Her illness would be a good reason for her to move to the closer store, not to keep her at the current one. What a stupid thing to say.

I'd be intrigued to see their exact wording as well as it sounds like a bit of a joke if you ask me.
 
I think the Disability Discimination Act may come into force here. Talk to the CAB, I'm sure she has rights in this area.
 
BenjiSayers said:
In her request or her finding out?
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In the response they gave for it being due to her illness. Was this done verbally or has she been given a letter explaining the decisions behind it.

It is possible that the store manager at the other store wishes to not take her on as he/she thinks she could potentially be a problem and they would need to find cover for her if she is off.

And as above it would be worth a chat with CAB.
 
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@ anticonscience I will find out the specifics tonight and post them up. I see what you mean though in regards to the new store

@ Burnsy2023 is the Disability Discimination Act not a bit extreme if it is just Anemia? I know it's a silly question but I have to ask.

The store she is currently at though is a joke at how it is ran. They always fail to bring in enough staff for weekends meaning they all regularly finish late/don't get their entitled breaks due to having no one cover. It was even worse during the earlier stages of the World Cup as they were allowing people time off to watch matches without bringing in cover

Will speak to her later as well about contacting CAB
 
BenjiSayers said:
@ Burnsy2023 is the Disability Discimination Act not a bit extreme if it is just Anemia? I know it's a silly question but I have to ask.
B
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People with variable conditions, such as multiple sclerosis or anaemia, are included under the definition of disability in the DDA. Their needs may change over time.
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http://www.open.ac.uk/inclusiveteac...ents/disability-discrimination-act-part-4.php

I'm sure the DDA covers you for this. Definitely talk to the CAB about this though.
 
I wonder if it comes down to the store/regional manager of the location she wants to move to.

Presumably having a long term illness would be perceived as a liability to the store manager as it could effect his sick rates/profitability and hence his bonus/career prospects.

No idea about whether it is legal or not..
 
Cheers Burnsy!

She just sent me another quick text and she has only been told verbally. She has seen nothing in writing and it was explained to her that it was due to her abscence 'cos of the illness that she won't be accepted. I'm just waited to hear if that was just her store saying that or if that is from the other store.
 
Sorry for double post but after seeing Fourstar's reply thought I should be clearer on the two stores. The store store she is currently at is only marginally further than the store she is wanting to transfer too by a few miles or so.

The main difference is though is that public transport (she can't drive) to the other store is a lot more frequent. She currently has only one bus every hour to get to work and there is only 1 bus every 2 hours to get back and they end early. Where as the other store is every half hour to and from until late.

She also isn't having extended periods of time off but when she is ill it can be rather sudden so I suppose short notice and could leave the store in the lurch as to staff.
 
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BenjiSayers said:
Cheers Burnsy!

She just sent me another quick text and she has only been told verbally. She has seen nothing in writing and it was explained to her that it was due to her abscence 'cos of the illness that she won't be accepted. I'm just waited to hear if that was just her store saying that or if that is from the other store.
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I'm sure they can't do this, I think this was being discussed on Radio4 recently.
 
They have a duty of care to under the DDA to help as best as they can within "reasonable" means to help her look after herself at work. Now if it was me I would be saying I need to be able to get to and work quickly incase of a funny turn of my condition etc and ask to speak to the Occupational health department.

Failing all reasonable means and requests being turned down I would take it higher.
 
I don't wish to drag the thread OT but, how can businesses protect themselves against such things when acts like the DDA are in place?

If for example it is the request of the other store manager not to take them on due to this and the perceived problems it might bring, yet this denial is illegal due to the DDA?
 
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anticonscience said:
I don't wish to drag the thread OT but, how can businesses protect themselves against such things when acts like the DDA are in place?
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They should be a decent employer and make reasonable adjustments for her. I don't see why employers need to 'protect' themselves from being reasonable.
 
As said before CAB (or an employment solicitor but that seems extreme) is the only place to get advice. Not an internet forum :)

Personally I wouldn't ask either, I'd go and talk to the manager of both stores face to face and explain my situation and ask if they can do anything about it. If not, new job time.
 
Cheers.

It is a shocking store. They recently woudn't let someone off there Till recently despite them having a panic attack while working. There is also clear favortism going on as well as some staff are allowed to have bottles of water to drink from while at their tills and others aren't. Those that aren't they don't even let off to go get a drink.

Will definately sort out speaking to the CAB when I see her tonight too.

Thanks again for all your help guys and gals.
 
I agree that reasonable steps should be taken, but if there are issues of absence/low staff levels at the other store and if this person phoned in sick one day and no-one else is on that department other areas of the business will suffer for that day due to having to cover sickness.

what 'big' supermarket is this? That's terrible practices to be going on.
 
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