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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

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 16:38

@Autumnwindinthewillows

The only reasonable adjustments your employer can make are offering your flexi time, it giving you the software and computer needed to work from home.

Your employer is not responsible for your commute. That's life.

Ask for those reasonable adjustments to get you through the next few months whilst you look for a more suitable position.

JustHereForThePooStories · 05/12/2018 16:41

No response so I guess they have accepted it

Don’t mistake silence for acquiescence.
More than likely, they’re looking at how to handle your email in conjunction with your unauthorised absence.

FearLoveAndTheTimeMachine · 05/12/2018 16:44

It’s really not your employer’s duty to get you to work, most adults realise that if they don’t learn to drive there’ll be places they can’t work unless they’re able to get there via public transport. I absolutely would not get into a situation where I was expected to give a colleague a regular lift either, it’s too inflexible and would feel like being used.

HunterHearstHelmsley · 05/12/2018 16:46

Would starting later and finishing later be an option for you? Just trying to think of flexi time options. Even starting earlier and finishing earlier might work as may be less stressful due to being less busy.

It's very unfortunate that your boss offered you this. He clearly hadn't agreed it with the people whose he was offering. I get their point though. I used to give someone a lift home every Wednesday on a late shift. Until she gave me an ear bashing when I had to go home sick one day.

Is your job suitable for home working?

Nicknacky · 05/12/2018 16:49

You should have went to work today and tried to sort it out with them and the union.

FunkyKingston · 05/12/2018 16:50

No I didn't go into work today. I spent time researching bus times and talking to people like the union. I did however email to tell them i wouldn't be in and that I would be in tomorrow but my timing would erratic over the next days as i tried out different options. No response so I guess they have accepted it.

It seems unreal that someone could be so clueless as to think any employer would be okay with an employee coming in as and when they fancy. If you need to plan out new routes into work you so it on your own time.

LakieLady · 05/12/2018 16:52

can't understand people saying 3 hours a day is normal commuter time.

Those "people" include the DWP! If you're on JSA/UC they expect you to apply for jobs where the commute is 90 minutes or less each way. And they go by a timetabled 90 minutes which, as we all know, can mean 2+ hours (or 3, if travelling with Govia Thameslink).

PigletWasPoohsFriend · 05/12/2018 16:56

No response so I guess they have accepted it.

No guarantees. Many employers would wait until they could speak to you face to face.

TrippingTheVelvet · 05/12/2018 16:56

OP I do feel for you. See where you get with AtW but in the meantime you need a discussion with your employer to agree what's reasonable in between times. I'm guessing changing your hours would make the most sense. I'm trying to be very gentle here but you need to see if there are any other solutions that are feasible but not turning in when it hasn't been pre-agreed is not a reasonable adjustment so be careful you're not putting yourself at risk of misconduct.

Lostwithinthehills · 05/12/2018 17:00

No I didn't go into work today. I spent time researching bus times and talking to people like the union It took a whole day to look up the bus time table and phone the union?

I did however email to tell them i wouldn't be in Was this annual leave, unpaid leave or are you hoping they will pay you for not going in to work?

I still don’t understand why, if it only takes a 10 minute tram journey to get to your original office and the problem is the extra 1.5 miles to the new location, you are now doing two bus journeys totalling an hour each way in addition to the extra 1.5 miles. Why don’t you still use the tram? Why are you using the buses?

MaisyPops · 05/12/2018 17:02

FunkyKingston
I agree.

Can we imagine teachers, childcare workers, doctors, nurses, fire bridge etc telling their boss 'I'm not coming in today because I need to sort my travel arrangements out...oh and by the way I'll also be in and out a bit over the next few days whilst I decide which hours work for me'.

I think the issue is that colleagues have been very generous to the OP to help them out and the OP has got used to other people bending around to fit them (e.g. 5 people taking it in turns to nip out of work to pick them up!). They've lost sight of a goodwill gesture and seem to feel entitled to have things for around them. I dont see why else anyone would feel hard done to that a new colleague (so a stranger) won't be their chauffeur.

Original poster
Autumnwindinthewillows · 05/12/2018 17:05

But the employer doesn't have much option about me coming in 'as and when I fancy' as you put it - they either accept it or sack me. Either way gives closure.
And you cannot know how public transport timings are actually going to work until you do it.
Plus it is not unauthorised absence - it will either go as holiday or sick.
The union said that up to an hour is deemed reasonable.
It would be cheaper to just buy myself a car for a couple of hundred pounds and drive. Won't have to pay insurance as no insurance is valid without a licence. Tax on most cars is very low or nothing. Chances of actually getting caught are minimal.
Then work would be happy as I can get there and I don't have a stupid commute on public transport. Sorted.

OP posts:
GhostSauce · 05/12/2018 17:07

This is unauthorised absence. It has not been authorised.

You're not sick, and you haven't booked leave.

I think you should be very careful how you handle this. Confused

Nicknacky · 05/12/2018 17:07

Did you ask for a days holiday? Why would they make it as sick leave?

TheMagician · 05/12/2018 17:10

I walk 10 minutes to bus stop, have 40 mins on bus then another 15 minute walk. I consider it not a bad commute. Seems like perspective.

JustHereForThePooStories · 05/12/2018 17:10

@Autumnwindinthewillows

When you took up your role, did you advise your employers of your disability?

Can I ask, what is the nature of your disability? I assume it’s not physical given you can ride a bike, albeit not in a confident manner to allow a cycling commute.

What does your contract say in relation to location? Most have a mobility clause.

JustHereForThePooStories · 05/12/2018 17:11

Today is Wednesday. Assuming you work Monday to Friday, did you attend on Monday and Tuesday of this week?

Oldbutstillgotit · 05/12/2018 17:14

OP do you receive DLA/PIP ? Also , did you give your colleagues petrol money ? If not , I siusoect that may have influenced their decision not to assist you further .

Original poster
Autumnwindinthewillows · 05/12/2018 17:15

With all the extra stress this is causing me the doctor would absolutely sign me off sick. That however is the last resort as i dont want to dump everyone else into covering my work in the busy run up to the holiday period

OP posts:
Avrannakern · 05/12/2018 17:15

@Lostwithinthehills

The glaringly obvious answer is that the tram does not go that way. I lived in a city with a teamline, but to get to certain areas you'd need to take the tram part-way then get off and get a bus. This really is obvious.

Avrannakern · 05/12/2018 17:17

OP, no one likes the woe is me victim attitude you are blasting out so give it a rest. The martyr act won't help you and won't give you a solution. Stop talking nonsense about getting a car without a license; you're just trying to get people to say "oh no... They should drive you". They shouldn't.

You need to go into work and talk to them. Then you need to come to an agreement for your future hours and possible working from home. You cannot plan for the future without finding out what your boss can offer you. Then you take it from there.

JustHereForThePooStories · 05/12/2018 17:21

@Autumnwindinthewillows

So, what do you see as a long-term solution that will work for both you and your employer, and that ensures you can provide consistent service?

ButteryParsnips · 05/12/2018 17:21

OP has been asked several times if she ever contributed to her colleagues' petrol costs, and hasn't responded, so I am assuming that she didn't. That was unfair and inconsiderate of you, and is probably a factor in them not wanting to give you lifts now. You reap what you sow.

GhostSauce · 05/12/2018 17:22

What reasonable resolution would you like OP?

What arrangement do you think should be put in place?

rainbowunicorn · 05/12/2018 17:23

I imagine your employer will be quite glad to see the back of you when you find a new job. You sound very demanding and rather immature in your viewpoint.