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AIBU?

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To think I have effectively been dismissed?

541 replies

Autumnwindinthewillows · 04/12/2018 17:05

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?

OP posts:
Avrannakern · 05/12/2018 14:27

All this debate about reasonable adjustment is moot. It doesn't apply to travel to work. The employer cannot love his business back to a location to suit OP- that is not a reasonable adjustment. He also cannot pay her transport for her; she has the same costs everyone else has. They fund cars or pay public transport... she doesn't even need to pay for the public transport!

He moved premises. He should have offered redundancy but made a stupid plan to force employees to drive her. They are both adults and should have known that wouldn't work.

He should offer redundancy if that arrangement is no longer possible. But nothing else. He can't make any changes which are reasonable and she doesn't want to commute or pay for commuting by taxi. So it's end of this job; that's it.

BishopBrennansArse · 05/12/2018 14:27

Why would the OP know that? Seriously why do disabled people automatically know all their rights and organisations available to help? Is it on some sort of internal hard drive?

BishopBrennansArse · 05/12/2018 14:31

Oh my God. No, you don't learn this stuff when diagnosed. That's the HUGEST pile of horse shit ever.
When my son was diagnosed with autism I had absolutely no idea of where we could go for help. We were just referred to health services and left to get on with it. My learning curve came from speaking to other parents who had been in the same boat, gradually over seven years I got a idea of what was there and then it all changed when the coalition came in. But at,east ok ew where to look for the information and had to set about learning it all again. I still don't know everything.

That info helped when I became disabled myself. But again I wasn't told anything on diagnosis.

SalemBlackCat4 · 05/12/2018 14:31

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Ginandsonicscrewdriver · 05/12/2018 14:32

OP has said she’s waiting to hear back from access to work.

SalemBlackCat4 · 05/12/2018 14:33

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BishopBrennansArse · 05/12/2018 14:34

So the employee has to make the assessment and decide what adjustments can be made? The employers job?
Things that involve the phone calls with info yes that isn't the employer's job but that part is the working with the employee bit. The duty to assess for adjustment is the responsibility of the employer alone.

SalemBlackCat4 · 05/12/2018 14:35

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BishopBrennansArse · 05/12/2018 14:35

No! You are not given a lesson and to,d you apply for x, y and z and oh by the way these people can help too, that has literally never happened and between 4 disabled family members we have a fair few diagnoses

SalemBlackCat4 · 05/12/2018 14:36

Who on earth is talking about adjustments? Where did that come from? I am talking about entitlements. And even with adjustments, the boss would need to know specific details of the disability, and get advice from the employee about what her needs are. The boss isn't a mindreader.

BishopBrennansArse · 05/12/2018 14:37

No. I wasn't referred for services, I met a parent in a child development centre waiting room who told me about a meet up for other parents. It was there I leaned about sure start, home start, DLA etc etc.

BishopBrennansArse · 05/12/2018 14:38

Absolutely. But once the disability is disclosed the employer has the responsibility to assess. Of course this means dialogue and collaboration with the employee, can't be done without it. But it's the employer who is supposed to initiate.

SalemBlackCat4 · 05/12/2018 14:39

Well then BishopBrennansArse I am glad I don't live in the incompetent area/country whatever that you do. Because the BASE level, the base level of support of any disability department or agency is to make sure you are informed of your rights and entitlements. That is the first, most basic purpose of services for disabilities. That is their whole purpose of existence. That is what they EXIST FOR!!!

gamerchick · 05/12/2018 14:40

What if the disability is mental health related and not physical. Would there be any help from work available then?

SalemBlackCat4 · 05/12/2018 14:40

So what do these disability 'services' do in your country then, as it appears they really don't appear to do what they were set up for.

BishopBrennansArse · 05/12/2018 14:41

West Sussex.
Most services don't exist any more due to the cuts, anyway.

PigletWasPoohsFriend · 05/12/2018 14:42

You just re-iterated my point! When you are first diagnosed, you are referred to services for your disability. And they help you and give you the information to your rights and entitlements.

No you really aren't

BishopBrennansArse · 05/12/2018 14:43

Thank you @PigletWasPoohsFriend
Thought I was in some weird parallel universe where with every diagnosis you're given a lesson in what's out there, because it's never happened in my life or my kids' lives

FortniteIsTheNewCrack · 05/12/2018 14:45

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nonamesareavailable · 05/12/2018 14:46

What does it say in your contract of employment about place of work?

FortniteIsTheNewCrack · 05/12/2018 14:46

Oh sorry I forgot to post in CAPITALS with lots of !!!!!!!!! so you can understand me.

Fucking facepalm for sure

SalemBlackCat4 · 05/12/2018 14:48

@FortniteIsTheNewCrack Oh really, how? When what I've said is nothing but facts and common sense. At least.....where I live. Hmm

AnastasiaVonBeaverhausen · 05/12/2018 14:48

You just re-iterated my point! When you are first diagnosed, you are referred to services for your disability. And they help you and give you the information to your rights and entitlements.

I have never known that to happen. At best, individual is given a leaflet with a bit of info on but the vast majority of the time in cases I am aware of through work and socially, the individual or parents has had to fight tooth and nail to find out and apply for exactly what they are entitled to. Hence there are so many millions sat there in unclaimed benefit.

SalemBlackCat4 · 05/12/2018 14:49

@PigletWasPoohsFriend Then what is the point of these 'services' then, if they don't actually help you with anything? What do they do?

FortniteIsTheNewCrack · 05/12/2018 14:52

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