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Ask taratill Your Own Question
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6428
Experience:  15 years experience of advising on employment law matters
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Weasked an employee to move locations and she refused, and

Customer Question

weasked an employee to move locations and she refused, and left she is now trying to say we unfairly dismissed her, what can we do?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Hello my name is***** am a solicitor who specialises in employment law. How long did she work for you for?
Customer: replied 2 years ago.
8 years, and she has previously moved between our two shop's locations several times in the past, our shops are located only 4 miles apart, it is always understood that by working for our company, the employee must change locations when required.
Expert:  taratill replied 2 years ago.
Ok did you actually dismiss her or did she leave of her own accord? If she left of her own accord did she raise any grievance first?
Customer: replied 2 years ago.
We called her in to let her know we were moving her back, to the other shops ( there are two in the same street) and she was very stroppy saying she wouldn't accept it. She was due into work the next day on her usual contracted hours, and she failed to attend either the new location or the old location. We tried to call her during the day, she failed to respond, she failed then to turn up to work the next day, or indeed the following day after that, so she failed to either come to work or respond in any way, despite us calling and texting her every day. We told her she had to move locations because we were restricting the shop where she currently worked, and she was needed elsewhere, and if she refused to move ( for the same pay, hours or conditions) she would have no alternative but to leave, so she said via text ( after 3 days) she would rather leave.... I tried to ring her to ask her to come in to discuss but she refused to answer the phone, I then text her and said because she hadn't turned up to work or responded she must have left, she then text and said she has left..... she has now send two letters, the first saying I have dismissed her and I must confirm this in writing. The second stating I have breached 13, or her employment rights and she will be claiming unfair dismissal.
Customer: replied 2 years ago.
She has moved between the locations of our shops numerous times, sometimes working between two locations simultaneously she this move was no different to any in the past, so we were taken aback and how hostile she was to moving
Expert:  taratill replied 2 years ago.
Hello in order for her to claim constructive dismissal she would have to show that a) you have acted unreasonably , b) that she had no alternative but to resign and c) that she had attempted to resolve the matter before bringing a claim through raising a grievance. It seems that none of these apply to the situation. This means that if she brings a claim you can easily defend it. I would tell her that you do not believe she does have a claim and that you have always been happy to discuss the matter with her but she has refused. Is there anything else you would like to know? If I have answered your question I would be grateful if you would take the time to rate my answer thank you and all the best.
Customer: replied 2 years ago.
ok thanks,
thats great :)
Expert:  taratill replied 2 years ago.
Glad to have helped. I would be very grateful if you would take the time to rate my answer before leaving the site as I am not otherwise paid by Just Answer for the time I have spent answering your question.Thank you and all the best and do come back to me in the future if you need to.