To think I have effectively been dismissed?

[Autumnwindinthewillows]

I worked at an office less than 5 mins walk from a major transport hub. The firm then moved to an office with no easily accessible public transport but the arrangement at the time (or so i thought) was that staff with cars would pick me up from the old office. With staff changes this is no longer happening and I cannot get to work without an hour long journey on public transport plus a 1.5 mile walk which is not feasible.

The bosses have basically reneged on the deal and said it is my problem so it would seem i am out of a job. Can I claim constructive dismissal?

I don't think so- an hour long journey on public transport is not unusual. Did they put anything in writing in your contract about it involving transport to and from work?

An hour on public transport isn’t that long, not sure how long it takes to walk 1.5 miles but if you really want to get paid you suck it up until you find something else or learn to drive.

Ring acas. I'd be surprised if you can because it's not their problem how people get to work and it's not other employees responsibility to get you there. They can't really ask people to pick you up, I know I would say no if I was asked to pick an employee up every day. Its really annoying though, I feel for you but the best thing to do is look for another job.

What's wrong with your legs? That sounds like a normal commute for most people who don't drive, to be fair. 1.5m should be a 20 minute walk 🤷🏼‍♀️

I don't think it's possible for them to force a long term deal that involves making other members of staff act as your taxi. If staff have said they don't want to pick you up what are they meant to do?

1.5 miles isn't that far to walk

That doesn’t sound like the worst commute in the world - 1.5 miles is about 25 minutes of walking so your commute is less than an hour and a half (unless you have mobility issues in which case I agree it is not feasible).

Does your contract provide for you to be given transport to work? If not, you can’t claim constructive dismissal. It’s normally an employee’s responsibility to get themselves to work, so unless it’s in your contract it’s not an entitlement you have.

How long have you worked there? Less than 24 months and you can’t claim constructive dismissal.

Did you receive a written assurance that you would be transported to your new workplace by colleagues? Also do you drive? Could you cycle or look on a car share site? It’s a difficult situation but in most circumstances getting to work is the responsibility of the individual employee.

It sounds to me like they had suggested a short term arrangement that was mytuly convenient between you and a colleague.

Work aren't responsible for how you get to work. Constructive dismissal is a bloody difficult case to win even when it's fairly obviously constructive dismissal. In your case it's 'I want an easier commute and it's not fair my colleagues won't drive me'. Your commute by public transport is on the long side but not unreasonable and unless you have a disability then a 20 minute walk is reasonable

Constructive dismissal you would have to prove that they changed location of their offices so that you would leave. Is that right?

Why is the walk not feasible? It’s really not much distance .

No, it sounds more like you want to leave and blame them for it!

I can see that the relocation of the office is a pain for you, but I can't see how they could enforce a colleague taking you there.

the walk on top of the bus is quite a lot.

And it's not 20 minutes. I walk fast and I can cover 1 mile in 17 minutes, so 1.5 is closer to 30 mins for most people. Would cycling be an option though, you can take a Brompton on a bus as well as a train.

I used to do 15 minute bus, hour train, and 30 minute walk to my first job, did that for 2 years. Its not easy but its not impossible.

Talk to your union, but I'd be surprised if you have a case, tbh.

I think that would be considered a reasonable commute too. I did similar for 9 years.

Islet, but I don't see how it's someone else's responsibility to take you to work.

It's gone from a 10 minute commute to 1.5 hours. Adding 3 hours to my working day is not feasible due to my disability. I have not been there for 2 years so I guess it is tough and I look for another job. Guess i am glad i found out sooner rather than later

It's also walking to the public transport in the first place so probably more like and 1hr45 commute at least each way. Who wants to commute for 3 and a half hours a day unless they are paid very well.

I don't know where you stand legally but I don't blame for bot wanting to that. Best bet is probably just stick it out and get looking for something ASAP.

It all depends on what you can prove in writing and your individual circumstances but based on the relocation criteria in my business the change of location you've had wouldn't qualify as being substantial enough to trigger relocation clauses in my contract (these can vary from redundancy to additional money to organised transport).

Definitely speak to ACAS if you need more specific advice, otherwise I wouldn't be trying to pursue constructive dismissal on these grounds. Your commute isn't unreasonable unless mobility is an issue for you and formed the basis of the arrangement which has now dissolved.

@Satsumaeater, you don't walk fast!

*sorry, not islet.

PS i dont drive for medical reasons

Sorry Autumn, cross post. If the arrangement was a 'reasonable adjustment' to accommodate your disability and has now been withdrawn without notice or explanation then there may be a discrimination case to pursue. I'd still recommend speaking to ACAS, giving them the facts and seeing what advice they'd recommend.

That’s a long commute but not an impossible one, it’s not up to work to get you there because you can’t be bothered to make the journey.