Is this disability discrimination?

[oldandknackerd]

My current workplace is relocating to a site that will be at least a 45 drive away which although not ideal is fine (I currently work 10mins away from home and this was one of the reasons I applied.
Unfortunately my car is 14 years old and although very reliable it's age does means a large repair bill could happen if something was to go wrong and there's no way i can afford to pay a large bill without saving up for it ....
I could in theory get public transport to the new site but it would take me 3 buses and a 20 minute walk (total nearly 2 hours each way )
Due to having severe arthritis cold and fatigue are things that make my condition worse (I already have a couple of small 'reasonable adjustments in place to accommodate this)and reality don't think i could manage the journey via public transport if for any reason I couldn't use my car .

My point is could or should my organisation be making a reasonable adjustment under the DDA for the above scenario?

Just for clarity I earn 25k a year as a lone parent so there is no way i can afford to buy a newer car ..

Sorry, I posted to soon, this was meant to say, without putting in place schemes to support staff.

No good union would allow that to happen without a mitigation scheme

If you're going to quote my post please quote in full .It quite clearly states it's capped at 24 years ie I would receive 2 years wages

Of course businesses can move. I am leading my organisation through an office move just now, of 18 miles distance, in south east of England.

Being a nice employer we have
a) consulted with staff over locations while making it clear we had to move (office site sold for housing by landlord) on a 'least worst' location for staff,
b) agreed to contribute towards costs of travel to new office for 6 months to ease the burden (but that will be taxed of course...) and
c) tried to find a new office which is nicer, has good public transport and parking, and
d) in a cheaper area long term so that as our staff team slowly changes jobs or moves house, they could move to the more affordable location near our office.

We too have some staff with disabilities or problems using public transport, and some staff who had a bigger commute and we just extended it, and unfortunately there is not a lot we can do. Within a team of nearly 40 people, we cannot please everyone and underlying all our niceness is a "and we do not have to accommodate everyone's requests"

Edit: I am sure we will lose some of our team over this, but what can we do beyond what we have tried?

And if there's no union? I'm a rarity in my social circle as a union member.

If OP is public sector, she may be a union member.

Ultimately if an employer is closing a venue, it's closing and that's the end of it. We also don't know if OP has a mobility clause in her contract.

The problem is that OP can easily drive to the new premises which hugely undermines her complaints written here.

You posted them separately, you can only quote one post at a time. Which given you added it after the fact meant I replied while you were typing.

Are you a member of a union?

Also OP -
Is your employer already aware of your disability?
Have you a union who can advise?

Happily, the NHS do usually pay a small amount of mileage for relocation.

Whoever is planning this move will be negotiating the amount with the relevant staff side unions. Find out who the relevant reps are and talk to them.

Don't even think about selling your car. They will arrange a taxi before making you redundant. And you risk someone deciding you have frustrated your contract.

As OP is NHS there's no way Unison or Unite at least won't have been involved!
Am assuming you're not in one @oldandknackerd are your colleagues?

If they need your role or are hiring more people for it in general they won't make you redundant because it's far too easy to prove it's in need.

You're better off looking for a job that's nearer to you or wfh, because even being fully healthy and with a reliable car that long of a commute is stressful and a waste of your life.

No it’s not discrimination. Employers are not responsible for how employees get to work, unless they provide transport options for everyone

Are sure it’s not a weeks salary for every year you’ve worked there? I worked the public sector and got £16000 on an enhanced scheme for 34 years service. It was just about half my salary

If you are in Public sector then either they should be in the consultation phase or they are in the implementation phase.
They can move location but they have a duty to mitigate the impact for a period of time. This could involve agreement to alternate methods like wfh or repayment for taxi or whatever it was. Have you got a union rep? They should be supporting the consultation.

If they can't accommodate your needs then you are being made redundant effectively. So they are incorrect in saying that you aren't. They've chosen to move, it's not possible or reasonable for you to commute via public transport. If that's how you commute today then that's on them. The fact you own a car is not a factor

NHS redundancy arrangements
Staff who are made redundant should receive one month's pay per year of reckonable service, with a maximum of 24 months' pay

Copy and pasted from 'nhs employers'

But you won't be getting made redundant? The roles still there?

Assuming OP fails under Agenda for Change it's 1 month per year
https://www.nhsemployers.org/articles/nhs-redundancy-arrangements

They still don't have to offer her redundancy. So may options before that becomes relevant and if OP sells her car, it'll look really bad for her.

I don't understand thoose saying that it'll look bad if I sell my car -having access to a vehicle us not a requirement of my role and my current location is easily accessible via public transport (hence why I applied for the role)

I think you are having us on

No having a vehicle is not a requirement your job but getting to your place of work is and if you intentionally make yourself unable to commute via your car then claim the company needs to pay for a taxi I can't see any authority siding with you. It is not in your contract that the company will provide regular and permanent transport for you. If you can not get into work they will involve something like OT who will assess you and probably deem you are not fit for the requirements of the job. As getting to the job is a requirement

@oldandknackerd
A company is legally required to make reasonable adjustments. It will be up to some governing body to determine whether a taxi twice daily is reasonable. If it is a long distance and costly it may be deemed unreasonable to expect the company to pay. Especially if you sold your car.

There will be a requirement to look at other possible adjustments like remote working, working from another office that is closer to you, adjusting start and finish times etc but again these will only be applicable if your role meals this possible.

The law is there to protect you but not to force companies into a punitive and unreasonable position.

Selling your car will be seen as you choosing to make yourself unable to get to work

OP, you can apply for this.

https://www.gov.uk/access-to-work

What adjustment do you suggest? They won’t not move office, and I’m afraid you having an old car isn’t their problem.

Hope you find a solution.

Two years?! Our redundancy payments are capped at 12m. Can't help thinking that's a hell of a waste of taxpayers money:

The nhs isn't known for its efficiency

Why do you think your car is about to breakdown? A 14 year old car isn't necessarily going to breakdown because of a longer commute.
I don't really get why you're worrying about this now. Unless it's because you want to be made redundant and the think mentioning disability discrimination will push this.
If you work for the NHS is there an option to transfer you to a different hospital/office?

Unless it's because you want to be made redundant and the think mentioning disability discrimination will push this

That's exactly what she is doing.

Not at all . I was simply asking a genuine question based on the fact that my due to my disability my workplace is no longer accessible