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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
Satisfied Customers: 5196
Experience:  10 Years of experience in Employment Law and HR
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I have just gone through the second of two restructures in

Resolved Question:

I have just gone through the second of two restructures in the last two years. The first I was downgraded by one grade and this time round I was unsuccessful in securing my preferred options and I'm being 'slotted in' to a post that is 2 grades below my current grade. I have appealed against this as I feel the post is inappropriate. I am off work with work related stress, have been on medication throughout the whole of the last restructure, and occupational health have given a statement to my employers that I am unfit for work and that any meeting is approached 'as sensitively as possible'. The company released a 'global' email stating that I have been 'successful' in securing the post of xxx, which in itself I found very stressful as many of my co-workers contacted me with sheer disbelief at the offer. I have now received a appeal hearing requesting a meeting at the place that causes me anxiety just at very thought of the building.

Can they 'force' me to attend this meeting?
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Jenny McKenzie replied 1 year ago.
Hello and welcome to Just Answer, have you been offered redundancy as an alternative?
Customer: replied 1 year ago.


No, the company have stated that as there are posts in the restructure for everyone then redundancy is not an option.


 

Expert:  Jenny McKenzie replied 1 year ago.
Hello your employer is incorrect. Where there is a restructure and you are being offered a new post following the restructure the offered post must be a 'suitable alternative employment'. In order for it to be a suitable alternative it should be at the same level of skill and pay. If it is not then an employee may reject the post and ask for redundancy.

If the employer refuses you can apply to the tribunal who will award the pay.

I would suggest you raise a grievance about this.

To answer your original question you cannot be forced to attend a meeting if you are too ill to attend. You can write to say that this will increase your stress levels. I would suggest you put all of these points in a grievance latter. If you are a member of a union they should support you in this.

If you have any further questions please ask. If I have answered your question I would be grateful if you would give a positive rating.

Thank you and all the best.
Jenny McKenzie,
Satisfied Customers: 5196
Experience: 10 Years of experience in Employment Law and HR
Jenny McKenzie and 2 other UK Employment Law Specialists are ready to help you

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