Active discussions

Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Talk
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:
Original poster
Autumnwindinthewillows · 05/12/2018 17:27

No I fully accept that expecting people to drive me was unusual I just saw it as part of their job role. It is not them I am bitter about, it is the firm plus fate that took away my licence. And no I am not expecting people to go all fluffy on me I just feel that strongly about not being able to drive that I am likely to say to hell with them and do it anyway.
As for a long term solution - unless they let me work from home for 3 days I don't actually see one. Neither am I sure I want to continue working for a firm that promised something and then reneged on the deal.

OP posts:
Avrannakern · 05/12/2018 17:34

If they have taken your license then you are not deemed safe to be on the road. If you got behind the wheel of a car and killed my kid, you have a lot more to worry about than how to get to work. So don't even think about it.

Go into work. Speak to your employer like an adult. Explain that it was his suggestion, which he clearly didn't fully consider and now you're left with no way to get to work and havnt been searching for a new role. Explain that you'd like him to give you flexible hours and working from home since he gave you a false sense of job security by offering the lifts.

See what he says; but be sensible. Don't start shouting about being a victim or anything.

GhostSauce · 05/12/2018 17:35

Who at the firm promised the lifts? Did you get it in writing via email? In writing?

I think you should consider that you will need a reference from this company, plus having worked less than 2 years they can dismiss you if they wish.

It sounds a bit like you're shooting yourself in the foot. You really don't want a sacking on your record.

SnuggyBuggy · 05/12/2018 17:35

I think you need to be sensible here. This job clearly isn't working, there may be other jobs out there that will so I would focus on getting a CV together.

BigChocFrenzy · 05/12/2018 17:37

Autumn If you think your GP would sign you off sick, then please go tomorrow and get a note to cover you for today as well, so you are sure to get paid

Spend this time looking urgently for a new job with a short commute
Your current job will be ending soon, but a case for unfair dismissal is v v unlikely

Do NOT avoid being signed off just because of consideration towards your colleagues
- who won't give you lifts, so they are also being sensible and looking after #1

It really is every person for themself and especially as a disabled person you must put yourself first

Being disabled in itself costs time, money & energy and then you are at a disadvantage in the limited number of suitable jobs

Do NOT risk driving without a licence
Getting convicted and fined, maybe even causing an accident taht hurts someone could mess up your life far worse than losing your job

  • and you might destroy someone else's life too
BakedBeans47 · 05/12/2018 17:38

Not read the whole thread sorry so apols if it’s been mentioned.

It’s potentially a redundancy situation. Is there a mobility clause in your contract of employment?

DianaT1969 · 05/12/2018 17:41

OP - getting the tram to the closest point you can, then a pre-agreed taxi at a regular rate for the 1.5m dual carriageway is the only option that makes sense.

As for why I cannot afford the taxi fares whilst others run a car I only know my circumstances which is that once I have paid the rent, housing costs and fed me and my son there is nothing left over.

But what's the alternative? Will you be better off financially after you are dismissed and are looking for a new job with a poor reference because of the way you handled this? Will you be comfortable on benefits? Funding the taxi money from your full-time income now, in order to attend work everyday punctually should be your goal. That way lies the potential of a new job with an easier commute. You risk spiralling into debt as you wait for benefit payments to kick in with your current attitude to the problem.

MardyArabella · 05/12/2018 17:43

You can’t dictare ‘giving lifts to a colleague’ as part of someone’s job role. I would not take a job which required me to do that out of my working hours.

BakedBeans47 · 05/12/2018 17:43

According to the Employment Rights Act 1996, an employee is dismissed by reason of redundancy if the dismissal is wholly or mainly attributable to the fact that:

the employer ceases to carry on the business in which the employee was employed;
the employer ceases to carry on that business in the place where the employee was employed;
the needs of the business for employees to carry out work of a particular kind cease or diminish; or
the needs of the business for employees to carry out work of a particular kind in the place where the employee was employed cease or diminish.

Is what makes it a potential redundancy x but you need to check the mobility clause in your contract.

Even if they concede it’s a redundancy they may say they’ve offered you a suitable alternative but your position would be that it’s not due to the commute

FearLoveAndTheTimeMachine · 05/12/2018 17:43

What world do some people live in where ‘stress’ over a change in travel arrangements would be deemed an appropriate reason to get signed off sick? 😂 not on the doctors behalf, they tend to trust their patients and will usually sign people off on their say so, but on your behalf OP. What sort of work ethic or personal respect have you ended up with that you would even see that as an option? Unbelievable, almost.

Oldbutstillgotit · 05/12/2018 17:46

Did you honestly say that you thought it was part of your colleagues’ job role to pick you up ? You still haven’t said if you paid them .

TrippingTheVelvet · 05/12/2018 17:46

1 and a half miles additional travel would not constitute a redundancy. OP it would be very helpful to know the nature of your disability to advise more specifically. I get the feeling you're being coy about it for a reason.

Lostwithinthehills · 05/12/2018 17:46

@Avrannakern

It is not glaringly obvious. The op said it took her a ten minute tram ride plus a five minute walk to get to the original office. She can still easily get to the old office she just expects a lift for the extra 1.5 miles.
I'm not expecting a lift from home - only from the old office which is 1.5 miles away

But the op has also said I cannot get to work without an hour long journey on public transport plus a 1.5 mile walk.
So why, if the op can get to the old office in fifteen minutes and then get a lift to travel the extra 1.5 miles, is she travelling by bus for an hour and still having to find a way to travel the 1.5 miles?

It's only 1.5 miles by car between the offices but you can't walk that way (dual carriageway) so the walk is much longer. So I now have to get two buses which already takes much longer than the tram
That reads to me like the op has to take two buses to get from home to the new work location and it’s not clear at all why there is still a 1.5 mile walk involved.

PigletWasPoohsFriend · 05/12/2018 17:47

I just saw it as part of their job role

To pick you up and drop you off in their own cars? Hmm

Original poster
Autumnwindinthewillows · 05/12/2018 17:50

No I am not being coy but my disability is my business. Anyway if you must know I am bipolar (and not fully controlled) so the added stress has a very bad outcome of plunging me into depression

OP posts:
Avrannakern · 05/12/2018 17:51

@Lostwithinthehills

You realise that buses won't always go exactly where you want to go? And the bus in your area might not go anywhere near the area you want, so you get a bus to another bus stop with a route to your destination. Then get a second bus.

She's obviously looked into the transport, and the only route to get from her home to the new office is those 2 buses. I live in a small town now, and I could walk to some locations in 10 minutes but a bus would take 40 due to the route they go.

She's looked into public transport. The 2 buses are what she needs to take.

WhoTookTheChristmasCookie · 05/12/2018 17:54

Op you're acting like a petulant child who isn't getting their own way now.
That's not going to help your situation.

You can't drive, you can't get public transport and it's totally unreasonable of you to expect lifts from your colleagues.

So, where do you go from here?

In your shoes, I would speak to your employer and see what they suggest. If they can offer you flexi-time or the ability to work from home; problem solved.
If they can't, then you'll have to hand in your notice and look for another job.

What you can't do is decide to dictate your own hours and demand full pay for them because you've been inconvenienced with the commute. That's just asking for an actual dismissal.

I can't believe you've taken the day off to research bus timetables and call the union.
I'm also not understanding how you having bipolar means that you're physically incapable of walking the extra distance...

If you can't be arsed to make the commute then look for another job. Don't try and make it your employers fault though.

TSSDNCOP · 05/12/2018 17:56

Are you reasonably able, with a laptop, to work from home.

Before you cut your nose off, why don’t you discuss possible options with your employer.

Start with asking if you can docrefuced office hours every other day, combined with 2 or 3 WFH days a week where you’d also be able to add time due to having no commute at all?

GhoulWithADragonTattoo · 05/12/2018 17:56

Are you the same social worker who was expecting her colleagues to drive her between her appointments?

TSSDNCOP · 05/12/2018 18:02

Actually having read your last posts I’ve reconsidered my response.

I guarantee your employer has spent the day with their HR consultant working out how to off you as quickly as possible, and that’s why you’ve not heard from them.

Madein1995 · 05/12/2018 18:06

Pay isn't based on work done, but on hours worked. If you work reduced hours but get full pay that is not fair at all on colleagues who work full time ... Any management who agree to that would be stupid as other employees would kick off about it. The union would definitely be interested in your colleagues scenario in that situation ... Ask for reasonable adjustments yes, but same money for less hours is special treatment and not acceptable ...

MaisyPops · 05/12/2018 18:12

l I just saw it as part of their job role.
What? You seriously thought them picking you up and sorting your transport to and from work was their job?
But I'll guess from that and you've not answered questions about whether you chipped in to cover costs to your colleagues means you haven't contributed to them and they've been nipping out of work and covering the costs of your lifts out their personal pocket.
Neither am I sure I want to continue working for a firm that promised something and then reneged on the deal.
But did they?
No employer can direct employees to sort out another colleague's transport to and from work unless the driver was employed by work to drive and has the required insurance.
And incidently, you talk about being out of pocket on taix fare and how its not doable, but seemed quite happy to have people nipping out of work and ferrying you out of their pocket.

It seems there was some goodwill to work around to start with but people move jobs and nobody else is responsible for getting you to and from work.

PengAly · 05/12/2018 18:15

Wow OP you just get worse by every response dont you? Its very wrong for you just not go into work, specially when you havnt evern SPOKEN TO YOUR BOSS PROPERLY. You NEED to ask them about working from home and if its a no then pay for a taxi and look for other jobs in the meantime or just quite, take the financial loss and find a jobs asap. You are acting like a child who isnt getting their way and i am shocked you thought giving lifts was part of someone's job role- are you really that ignorant? Also to clarify is bipolar disorder your disability or is that something you struggle with in addition?

Stop playing this "im the victim act" it wont work and youd be an idiot to drive illegally and put lives at risk just because you arent capable of being a mature adult and having a conversation with your manager about this.

Madein1995 · 05/12/2018 18:18

It seems like you think it's up to your employer to sort this. It isn't, it's yours. You sound as you're trying to give them an ultimatum and you're entire attitude is wrong (look at the whole full pay for less hour argument...). This is up to you to sort. Emailing last minute to sort travel arrangements is just ... Well I'm staggered an adult in employment thinks like that. And your post re driving without a license seems to suggest you think that's your only choice and would be your employer fault if you got caught. It is illegal and would be your fault completely

Avrannakern · 05/12/2018 18:21

Bipolar disorder can be crippling. It's horrible to live with, and will be a lifelong battle. But it doesn't limit you physically. Unless you always have a physical handicap (if that's an offensive word, I apologise) then there is no reason why you can't take the bus and then walk to work. A lot of dual csrrigagways around here have a pavement behind a barrier... are you 100% sure you can't walk by the dual carriageway? Lots of people do...