We have a pregnant employee in 1 of our Shops. She is on extended probation. Our contract states that staff can be expected to move to any of our 9 shops (all within a limited area). Lady gave Dr’s note saying she should take extra care re no lifting or going up and down stairs. Her shop was on 2 floors. We offered a transfer to another small shop on one level. In addition to H&S reasons, there are also business reasons: the new shop was without an Asst Mgr and struggling, and her previous shop really needs 2 members of staff who are 100% fit as it is a large shop. Plus, a smaller shop may give her more of a chance to prove herself. Lady is complaining she doesn’t want to move, as the journey is 1 stop further. We have said we will allow her to get in a bit later than usual so she can continue to leave home at the same time, and can even leave earlier if she takes 30 mins only for lunch. Lady also says Dr didn’t mean No lifting or going up and down stairs, only caution. She is doing a trial run of 3 days this week – and I have a feeling she is going to refuse to move. Where do we stand if she refuses? We need to move her for H&S and for business reasons but, with her being pregnant, I am concerned she might somehow claim constructive dismissal if she left. She has been with us less than a year.
Any ideas what we should do next if she refuses to move please?!

Sara Eddy

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