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Is this disability discrimination?

184 replies

oldandknackerd · 19/02/2025 15:58

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 ..

OP posts:
somedayforoneday · 21/02/2025 15:07

oldandknackerd · 21/02/2025 15:05

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

Absolute BULLSHIT. YOU CAN DRIVE.

LIZS · 21/02/2025 15:07

You might undermine your argument by selling car now. Most nhs staff have access to unions who will be consulted and can advise.

somedayforoneday · 21/02/2025 15:09

My current workplace is relocating to a site that will be at least a 45 drive away which although not ideal is fine

You ALREADY said it was fine and the problem is you have an old car. You are a player.

MagentaRocks · 21/02/2025 15:18

Happyher · 21/02/2025 13:32

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

I am public service and redundancy is 1 week service per year. (Not NHS though)

oldandknackerd · 21/02/2025 15:24

somedayforoneday · 21/02/2025 15:09

My current workplace is relocating to a site that will be at least a 45 drive away which although not ideal is fine

You ALREADY said it was fine and the problem is you have an old car. You are a player.

Iam anything but a player ... if that were the case there's no way i would be working 37.5 hours a week without a day off sick in the past 6 years...The fact is, despite working being difficult at times I've still got my arse into work and done what is expected of me.

Circumstances have now changed and my workplace will no longer be accessible via public transport (due to disability)

OP posts:
BobbyBiscuits · 21/02/2025 15:28

But cold and fatigue could affect anyone negatively. If you had never owned a car then the employer wouldn't be responsible for providing transport to work. So they shouldn't be if you do and it happens to be 15 years old.

mummyh2016 · 21/02/2025 15:39

OP your work is accessible though. You have a car that works. It hasn't broken down I don't understand why you are fixating on something that hasn't happened.

fraughtcouture · 21/02/2025 15:47

somedayforoneday · 21/02/2025 15:09

My current workplace is relocating to a site that will be at least a 45 drive away which although not ideal is fine

You ALREADY said it was fine and the problem is you have an old car. You are a player.

This. You're taking the piss, OP.

VanessaShanessaJenkins99 · 21/02/2025 15:47

oldandknackerd · 21/02/2025 15:24

Iam anything but a player ... if that were the case there's no way i would be working 37.5 hours a week without a day off sick in the past 6 years...The fact is, despite working being difficult at times I've still got my arse into work and done what is expected of me.

Circumstances have now changed and my workplace will no longer be accessible via public transport (due to disability)

BUT YOU HAVE A CAR AND CAN DRIVE!!!!!!

PaintDecisions · 21/02/2025 16:01

Right, back to the beginning then OP

How do you currently get to your work?

EmberAsh · 21/02/2025 16:02

You're getting a lot of flack on this. It would've been useful if you'd said it was the NHS who was your employer to start with and you'd been there 23 years. It's therefore quite likely that your contract has a place of work in it. If this is being changed then you should be having a consultation. Your disability can be factored in. Talking to ACAS is a good start but are you in a Union? They may also be useful for this.

MargaretThursday · 21/02/2025 16:04

Op:
The problem is that we all sympathise that your commute to work is going to be worse. We understand that is frustrating. But it isn't unusual.
Dh (we had no car) went from his work being 15 minute cycle or a straight through bus, to 25 minute cycle or 2 buses, to 45 minute cycle no convenient buses (well 3 round the houses ones plus 30 minutes walk along a country road with no footpath).
The new place is nothing like as convenient as the 2nd for commuters. When they announced they were moving from place #2 to place #3 one of the younger members had that month moved to a place walkable because he didn't want to have to drive.
It happens.

If you were saying you currently go by public transport/walk then there would be more sympathy. But what you are saying is:

  1. You can drive the 45 minutes normally no problem
  2. If your car breaks down then you can't use public transport
  3. You haven't asked what adjustments could be made in such a circumstance.

You've gone straight to the what ifs. You're seeing yourself as a helpless victim rather than someone who can take action.

For a start of, you've said your car is reliable. So how often does it break down? We've got a 14yo car and I've had to call Greenflag out twice in that time. Our previous car was older when we got rid of it, and only had one call out.
There's normally a day for MOT and perhaps 2-3 days through the year where it has basic repairs, often Saturdays.
So we're talking about perhaps 5 days a year, on a bad year maybe 10. So less than 1 day a month. Think of it that way. That's not a huge number of days to have to sort.

Then be proactive.
Do you have a friend (or two) at work who comes from a similar place to you? You could have a mutual agreement that on the odd days your car is out of action, you can give each other lifts.
Speak to work. Could you work at home if your car is out of action?
Or might they give a raise to cover extra mileage, and save it for either taxis on the days you need it or save up for a new car.

Are there any other solutions? Partner/local friend who would do the drive on the odd occasions?
Local friend who goes in the right direction who can drop you most of the way there?
Could you get one bus and someone pick you up part way?
Any other thoughts?

Do not sell the car. It is nothing to do with work how you get there; you just have to if you want the job. Selling the car makes you look deliberately obstructive.
If you look, when you raise the issue to your manager, that you are proactively looking for a solution then they'll be far more inclined to try and find one for you.

somedayforoneday · 21/02/2025 16:47

oldandknackerd · 21/02/2025 15:24

Iam anything but a player ... if that were the case there's no way i would be working 37.5 hours a week without a day off sick in the past 6 years...The fact is, despite working being difficult at times I've still got my arse into work and done what is expected of me.

Circumstances have now changed and my workplace will no longer be accessible via public transport (due to disability)

Circumstances have now changed and my workplace will no longer be accessible because my car is too old and it MIGHT break down and I don't have any money to get it repaired.

There, fixed it for you.

You DRIVE. You are a DRIVER. You currently DRIVE to work.

and reality don't think I could manage the journey via public transport if for any reason I couldn't use my car

IF for any reason I couldn't use my car. Will you pull the other one.

Then you come on and say you will SELL your car so they have to do something or make you redundant.

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

They already accommodate your ailments and now you want them to pay for a taxi so you can go to work because your car is old and it MIGHT break down.

Like I said....a player.

Moveoverdarlin · 21/02/2025 16:50

You describe your car as very reliable. I would worry about it if and when a big repair bill comes. Rule out public transport as that’s not an option. But keep in the back of your mind you may have to shell out for a new car in the next few years.

crankytoes · 21/02/2025 16:52

@oldandknackerd

Circumstances have now changed and my workplace will no longer be accessible via public transport (due to disability)
No
Circumstances have now changed and your workplace will now be a longer drive and you are concerned that at some point your car will no longer work and then you won't be able to get to work. But frankly that's true for many many people. Many people rely on their car getting them to work and without the car public transport is impractical due to length of commute time or complexity of multiple connections.

They maintain their car. They buy a new car when needed. That's what adults who drive do

Sunnydays25 · 21/02/2025 17:04

I think that working from home would be a reasonable adjustment if you have an arthritis flare and can't get into the office, rather than not getting into the office as your car has broken down. If there wasn't a public transport option you'd still be expected to get into work.

That you say you can't do your full role from home is an issue.

Definaly time to talk to your union.

oldandknackerd · 21/02/2025 17:33

Once again many thanks to those who've made practice suggestions.
I spoke to both ACAS and my union this afternoon .
ACAS stated that I would most certainly have a claim for constructive dismissal if they didn't offer me redundancy or redeployment.
My union are of the view that as the organisation is paying either milage or public transport costs for 4 years then it wouldn't be unreasonable to expect them to cover the cost of a taxi due to public transport nor being an option due to disability .

OP posts:
mummyh2016 · 21/02/2025 17:43

oldandknackerd · 21/02/2025 17:33

Once again many thanks to those who've made practice suggestions.
I spoke to both ACAS and my union this afternoon .
ACAS stated that I would most certainly have a claim for constructive dismissal if they didn't offer me redundancy or redeployment.
My union are of the view that as the organisation is paying either milage or public transport costs for 4 years then it wouldn't be unreasonable to expect them to cover the cost of a taxi due to public transport nor being an option due to disability .

And this ladies and gentleman is one of the reasons the NHS has no money. Because it looks like they are either going to have to pay out redundancy or taxi costs because someone can't be arsed to drive. Which at the moment is what it is. There is nothing wrong with your car, there is nothing stopping you from driving said car to work.

I fucking despair at times.

fraughtcouture · 21/02/2025 17:49

Are you seriously trying to weasel redundancy out of your employer because despite being a driver with a car you see an opportunity for grifting?!!

What's next, cutting your own brake wires so your car conveniently dies and you can get them on the hook for constructive dismissal and a payout.

You're taking the piss out of people who actually are discriminated against!! You are not, you just see an angle for a payout.

oldandknackerd · 21/02/2025 17:56

fraughtcouture · 21/02/2025 17:49

Are you seriously trying to weasel redundancy out of your employer because despite being a driver with a car you see an opportunity for grifting?!!

What's next, cutting your own brake wires so your car conveniently dies and you can get them on the hook for constructive dismissal and a payout.

You're taking the piss out of people who actually are discriminated against!! You are not, you just see an angle for a payout.

ACAS and my union have advised on the legal responsibilities my employer has to me .

OP posts:
CaptainFuture · 21/02/2025 17:57

I can't see why they won't just offer you redeployment?
Although a colleague who tried to do similar to op, did get redeployment to a different role, lower grade, then kicked off as she thought she'd get paid band 7 salary on band 4 role permanently.

somedayforoneday · 21/02/2025 18:03

This reply has been deleted

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Clarice99 · 21/02/2025 18:05

oldandknackerd · 21/02/2025 15:24

Iam anything but a player ... if that were the case there's no way i would be working 37.5 hours a week without a day off sick in the past 6 years...The fact is, despite working being difficult at times I've still got my arse into work and done what is expected of me.

Circumstances have now changed and my workplace will no longer be accessible via public transport (due to disability)

Sorry you're getting a hard time on here OP.

If you cannot use public transport to get to and from work, irrespective of the distance, due to your disability, you may be eligible for financial assistance for taxis via Access to Work, Fares to Work.

There's quite a wait with Access to Work, around 5 months at the moment I think, so if you're going to stay with your current employer, submit the application as soon as possible.

If you are a member of a trade union, they may help you to negotiate working from home (for part or all of your working week) until your ATW assessment takes place.

Access to Work: factsheet for customers - GOV.UK

oldandknackerd · 21/02/2025 18:10

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

I am sorry that my legal rights as an employee don't align with your own personal view but to describe me as vile for protecting my own legal position is quite frankly laughable

OP posts:
somedayforoneday · 21/02/2025 18:12

oldandknackerd · 21/02/2025 18:10

I am sorry that my legal rights as an employee don't align with your own personal view but to describe me as vile for protecting my own legal position is quite frankly laughable

I hope they laugh you out of the office and back into your old car.......unless you have sold it to make your plight seem worse..

I wish you the outcome you deserve.

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