Some advice please

[slickv]

Hi, I need some advice guys. Hope i'm in the right place.

I've worked for this retail company for around 3yrs. I work as a cashier. In my store i'm the only cashier and we have 4 managers. I've refused to upgrade to a manager numerous times. Only 2 people are allowed to work together, 1 cashier and 1 manager. If there is no space to fit you into the store they move you into another store. Since I am based at this store and am the only cashier who actually belongs to that store I am meant to be only working there unless there is legitimate reason to move me out (cover sickness, breaks etc in other stores).

I went on holiday 7 weeks ago and returned 3 weeks ago and since then I haven't been working at my store at all. No even one shift. They have been moving me about and replacing me with other cashiers from other shops.

Around 4 months ago I was doing a shift in a store which isn't my base store, but 20mins away from it. I was attacked outside the store by robbers and physically assaulted but put up a fight and chased them away. I took 2 weeks off work after his and when I returned did a "return to work form" which I was asked if I ever want to work at that store again and I said "no" I never wanna work there again cause I suffer from anxiety and depression and it's not good for my health being there. Prior to this incident the company has been fully aware I suffer from anxiety and depression. Being moved to other stores makes these symptoms worse.

This week they moved me to this store I was attacked in 4 months ago. It seems they have forgotten they owe me a duty of care and I never received any phone call or anything asking if I was comfortable with working there. I have been working there all week and haven't spoken up. Reason being is I feel the will make things worse for me if I say anything and I don't wanna seem like a wimp cause i'm not one.

I'm waiting for them to put up my staffing for the following week and see if they move me around again. My question to you guys is this. Are they allowed to move me around to other stores without any reason? They are moving me out of my store and replacing me with cashiers from other areas. Why can't I just stay in my base store and those cashiers who can't be fit into their store be moved where they want me to go? Are they allowed to cause this inconvience to me? I understand business needs however this isn't business needs considering under employment law everyone must be treated equal and there seems to be no legit reason why I am being made to move to stores which are further away from me and being replaced with other cashiers and considering I suffer from anxiety it's unfair and putting me in a store where I last time I worked I was attacked shows how negligent they are.

Any help appreciated.

[teaboy2]

Re: Some advice please

Hi, I need some advice guys. Hope i'm in the right place.

I've worked for this retail company for around 3yrs. I work as a cashier. In my store i'm the only cashier and we have 4 managers. I've refused to upgrade to a manager numerous times. Only 2 people are allowed to work together, 1 cashier and 1 manager. If there is no space to fit you into the store they move you into another store. Since I am based at this store and am the only cashier who actually belongs to that store I am meant to be only working there unless there is legitimate reason to move me out (cover sickness, breaks etc in other stores).

I went on holiday 7 weeks ago and returned 3 weeks ago and since then I haven't been working at my store at all. No even one shift. They have been moving me about and replacing me with other cashiers from other shops.

Around 4 months ago I was doing a shift in a store which isn't my base store, but 20mins away from it. I was attacked outside the store by robbers and physically assaulted but put up a fight and chased them away. I took 2 weeks off work after his and when I returned did a "return to work form" which I was asked if I ever want to work at that store again and I said "no" I never wanna work there again cause I suffer from anxiety and depression and it's not good for my health being there. Prior to this incident the company has been fully aware I suffer from anxiety and depression. Being moved to other stores makes these symptoms worse.

This week they moved me to this store I was attacked in 4 months ago. It seems they have forgotten they owe me a duty of care and I never received any phone call or anything asking if I was comfortable with working there. I have been working there all week and haven't spoken up. Reason being is I feel the will make things worse for me if I say anything and I don't wanna seem like a wimp cause i'm not one.

I'm waiting for them to put up my staffing for the following week and see if they move me around again. My question to you guys is this. Are they allowed to move me around to other stores without any reason? They are moving me out of my store and replacing me with cashiers from other areas. Why can't I just stay in my base store and those cashiers who can't be fit into their store be moved where they want me to go? Are they allowed to cause this inconvience to me? I understand business needs however this isn't business needs considering under employment law everyone must be treated equal and there seems to be no legit reason why I am being made to move to stores which are further away from me and being replaced with other cashiers and considering I suffer from anxiety it's unfair and putting me in a store where I last time I worked I was attacked shows how negligent they are.

Any help appreciated.

Regrading making you work in the store where you were attack outside off the last time. That is not a breach of duty of care in contract as the incident was a random criminal act that could not have been prevented and could just as likely have happened at any store! So it also does not breach the duty of care in contract towards you regarding your anxiety issues.

However they may be in breach of contract as a result of constantly moving you around to different work places. Does your contract state your main place of work as being the main store you stated you work at? If so then that is a core term of your employment and their moving you around all the time and preventing you from working at your contracted place of work, puts them in breach of contract. But only if they are not able to show that you were being asked to work at other stores to cover illness or holidays etc.

You will need to make a formal grievance if, and only if, your contract states your main store as being your main place of work or if your not being used to cover sickness or holidays.

Have they also paid you traveling expenses for the cost of the extra traveling? Because they are legally obliged to pay your additional travelling expenses. But again, only if your contract states your main store as being your place of work.

[Harmonica]

Re: Some advice please

If your employment contract states (and it probably does) that you can be moved to whichever location the employer wishes you to work in then that they can do this. However, if being in one particular store exacerbates your mental health disability your employer has a duty to look at making reasonable adjustments. It would be a perfectly reasonable adjustment for you to request that you would rather not work at the store you were attacked outside of if it makes you ill.

However, your employer would only need to agree to this request if they felt it was reasonable to them. They would not have to agree to anything that would negatively impact their business. If they disagreed and outlined their reasons in writing then you'd either need to put up with things as they are or take them to an employment tribunal (via ACAS first to see if things can be straightened out) and let a judge decide if they have unreasonably refused a reasonable adjustment.

[slickv]

Re: Some advice please

Regrading making you work in the store where you were attack outside off the last time. That is not a breach of duty of care in contract as the incident was a random criminal act that could not have been prevented and could just as likely have happened at any store! So it also does not breach the duty of care in contract towards you regarding your anxiety issues.

However they may be in breach of contract as a result of constantly moving you around to different work places. Does your contract state your main place of work as being the main store you stated you work at? If so then that is a core term of your employment and their moving you around all the time and preventing you from working at your contracted place of work, puts them in breach of contract. But only if they are not able to show that you were being asked to work at other stores to cover illness or holidays etc.

You will need to make a formal grievance if, and only if, your contract states your main store as being your main place of work or if your not being used to cover sickness or holidays.

Have they also paid you traveling expenses for the cost of the extra traveling? Because they are legally obliged to pay your additional travelling expenses. But again, only if your contract states your main store as being your place of work.

If your employment contract states (and it probably does) that you can be moved to whichever location the employer wishes you to work in then that they can do this. However, if being in one particular store exacerbates your mental health disability your employer has a duty to look at making reasonable adjustments. It would be a perfectly reasonable adjustment for you to request that you would rather not work at the store you were attacked outside of if it makes you ill.

However, your employer would only need to agree to this request if they felt it was reasonable to them. They would not have to agree to anything that would negatively impact their business. If they disagreed and outlined their reasons in writing then you'd either need to put up with things as they are or take them to an employment tribunal (via ACAS first to see if things can be straightened out) and let a judge decide if they have unreasonably refused a reasonable adjustment.

I get what you guys are saying and my contract does state I may need to work elsewhere "as required" however;

Doesn't business needs need to be sufficient? Wouldn't "as required" mean sickness or breaks etc and not cause they are trying to mess me about. In the sense how can they move me out of my base shop and replace me with someone else in the same grade as me without any reason. Woudn't this amount to favorism or discrimination on the basis they are helping people close to them EG "friends".

On the basis of duty of care putting me in a shop where I was attacked. Of course you can't predict robberies however when I returned I had a meeting with the disctrict manager in which they signed a form and so did I which I clearly stated that I would not work there again unless they have a meeting with me and see if I am happy to work there. Which they haven't done. That is a clear breach of contract. They haven't been in touch to check on my welfare or see if I am in a suitable mental state of my mind to carry out my work practices in that store.

And actually teaboy2, I think my attack could have been prevented if they had lights and a camera outside the store, neither of which they have and since my attack the store has been robbed a further 3 times and nothing has changed! Clear duty of care being ignored.

[slickv]

Re: Some advice please

This is really irking me. How is it logically and legal to remove me from my store and replace me with someone who lives 45mins away and is the same grade as me for absolutely no reason whatsoever? Which causes me a massive inconvience when there is space for me to do my shifts in my store. What's the logic behind it.

They can fit all my shifts in my base store, hell they can even fit another cashier in so I don't get how legally they can just ask me to be moved and replaced.

[Harmonica]

Re: Some advice please

In employment law there is no such thing as favouritism unfortunately. You cannot be discriminated against by way of favouritism either. Unless you can prove that this unfair treatment is because of unlawful discrimination based on what are known to be protected characteristics.

Those characteristics are:

• age;
• disability;
• gender reassignment;
• marriage and civil partnership;
• pregnancy and maternity;
• race;
• religion or belief;
• sex;
• sexual orientation.

It would also be unlawful for you to be treated badly because you raised a health and safety concern or raised a concern that was legitimately in the public interest. However, you can be treated very badly by your employer and there is actually very little that an employee can do about it unless you can prove that your bad treatment is as a result of one of the above protected characteristics.

You may be able to say that your depression/anxiety are disabilities and by forcing you to work in an environment that is exacerbating your disability you are being subjected to unlawful disability discrimination. However "as required" means as your employer requires. They would not have to explain why they have these requirements.

Here's an interesting personal injury claim ongoing at present in relation to a robbery in a store.

http://www.fentons.co.uk/newsroom/la...er-armed-raid/

[teaboy2]

Re: Some advice please

I get what you guys are saying and my contract does state I may need to work elsewhere "as required" however;

Doesn't business needs need to be sufficient? Wouldn't "as required" mean sickness or breaks etc and not cause they are trying to mess me about. In the sense how can they move me out of my base shop and replace me with someone else in the same grade as me without any reason. Woudn't this amount to favorism or discrimination on the basis they are helping people close to them EG "friends".

On the basis of duty of care putting me in a shop where I was attacked. Of course you can't predict robberies however when I returned I had a meeting with the disctrict manager in which they signed a form and so did I which I clearly stated that I would not work there again unless they have a meeting with me and see if I am happy to work there. Which they haven't done. That is a clear breach of contract. They haven't been in touch to check on my welfare or see if I am in a suitable mental state of my mind to carry out my work practices in that store.

And actually teaboy2, I think my attack could have been prevented if they had lights and a camera outside the store, neither of which they have and since my attack the store has been robbed a further 3 times and nothing has changed! Clear duty of care being ignored.

CCTV and Lighting, does not prevent crime, yes it helps reduce it, but it doesn't prevent it. Does it prevent bank robbers robbing banks in broad daylight with CCTV inside and outside the bank? No it doesn't! - So their is no argument their where you would have any chance of success with am afraid

However if you had signed a documents stating what you say it stated then yes it would be a breach of contract. But if you do not have a copy and if the company won't provide a copy or denies such document existed, then you have no proof (which is KEY) unfortunately.

Regarding working at other stores as per business needs, does it go on to state in your contract what such business needs would be? And just as importantly, does it state your main place of work?

Also, who is the person that decides which store you have to work in? Have you had any disputes, arguments or issues with them in the past?

[enquirer]

Re: Some advice please

Even if your contract states that may occasionally be sent elsewhere 'as required', this is not completely open-ended, particularly if you were originally taken on to work at one particular store. If your travelling time and expenses have increased significantly, this may also be an issue.

As to being sent to where you were attacked, I would suggest that they do owe you a duty of care. As they are already aware of your existing issues, sending you to the attack related location (something a lot of people would find unsettling), might be held to be putting you in harms way.

How is it logically and legal to remove me from my store and replace me with someone who lives 45mins away and is the same grade as me for absolutely no reason whatsoever? Which causes me a massive inconvience when there is space for me to do my shifts in my store. What's the logic behind it.

There are a number of possible reasons. They might be trying to force you out, or they may value your experience and deem that they need it elsewhere. It may be nothing more than simple stupidity.

Raise a grievance and make sure that you do it in writing.

[teaboy2]

Re: Some advice please

As to being sent to where you were attacked, I would suggest that they do owe you a duty of care. As they are already aware of your existing issues, sending you to the attack related location (something a lot of people would find unsettling), might be held to be putting you in harms way.

The thing is though, the attack could have happened and can happen again at any of the branches. Its a random crime, and by random it can happen at any of the stores and anytime. And that's what the employers counter argument would be. Basically when you work in a retail store (especially newsagents and corner shops), there is always the chance your going to be robbed or attacked for the money in the till or that your taking to the Post Office to Bank. Crime is a occupational hazard that we all face!

Plus until the OP gets back to us to let us know if she has the agreement or not, that she signed about not going back to that store without the employer first asking her. Then there is not a lot go on in respect of whether she should be at that particular store or not!