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?

'Reasonable adjustments' to support an employee with a physical or mental health issue cannot take the form of demanding extra, unpaid work from that employee's colleagues. I wonder if the boss actually, seriously, proposed this as a solution or if it was a matter of OP saying, I'll have to get someone to give me a lift and the boss saying, well, if you can sort that out with your colleagues - at which point OP probably promised whichever mug she cornered that it would only be temporary, till they all got sick of her.

@Ginandsonicscrewdriver yes but it's not walk or nothing, she could pay for a taxi or offer to pay for fuel but she refuses to do that.

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.

I am also interested to know how bipolar stops you walking for half an hour?

MrsPinkCock Thanks for that explanation.

The postrswho fixated on the walking were, if I remember, near the beginning of the thread before op mentioned her disability. Since, it's been more about people suggesting op gets a taxi, which has been rejected due to cost. Which isn't her employers business to be honest. The way op has reacted is so odd considering she is effectively asking her boss for favours (ie same pay, less hours, demanding reduced hours, taking a day off at the drop of a hat). Ultimately it's no business of her employer how op gets to work. That's down to the employee

"Ultimately it's no business of her employer how op gets to work. That's down to the employee"

Well not if the employer moved. She took on the job on the assumption it was based in a particular place.

"Hour by public transport and a half-hour walk is my daily commute. It also includes a change of trains."

So what? You presumably knew that when you took the job?
(I wouldn't have done).

@Gwenhwyfar exactly

Surely though if they moved, then either she goes with them or she leaves her job? Especially if it's not very far, relatively speaking. If op has been there longer than 2 years, and the office was moving quite a distance away, then I'd imagine she may have a case. But in terms of miles (which employers work off, not public transport time(, it hasn't moved very far. Add in that op hasn't been there for 2ywars yet and she's unlikely to get anywhere. Any adjustments at this stage would be a gesture of goodwill rather than anything else, surely? They're within their rights to say take it or leave it re the job

"Surely though if they moved, then either she goes with them or she leaves her job?"

Or they pay her commute. In this case it would need to be a taxi because of her disability.
I'm not disabled, but would also complain at having my commute increased by 50% and would not want a commute longer than an hour.

Even if she had been there two years (she hasn't), the most she would be entitled to is statutory redundancy pay, and that's only if the office has moved a considerable distance.

Autumn I sympathise on the bipolar front; I have it too.

Is the reason that you cannot drive linked to the bipolar; or is it a different condition?

Access to work are likely to fund taxis if you have medical evidence that you are mobile impaired. You would need to pay the equivalent to what you'd pay without an exemption card on public transport though; so if you're already on a tight budget; that may not help.

Do you feel you might be spiralling? Can you contact your crisis team? I'm concerned about the comment regarding driving; you need to show that to them, I think.

They won't pay her commute, or at least it's highly unlikely. I've never heard of an employer paying a commute, unless it was a one off thing like a meeting or training. And every contract I've signed, or any job I've applied for or seen advertised has said something like 'employers reserve the right to make reasonable adjustments to the role or conditions of employment, as necessary according to business needs' or 'preform any reasonable requests or duties as required' etc.

Paying for the commute is highly unlikely to happen, disability or not. They may agree to reasonable hours such as shortened hours (hopefully not on full pay or they'll have another issue in their hands with unhappy other colleagues...), Or home working, etc etc. But tbh op isnt endearing herself to her employers by issuing ultimatums or taking days off to work out public transport, and threatening to drive without a license is reckless, let alone insinuating it'd be her employers fault

Madein - it happened where I used to work when the employer moved. As I mentioned, the employee was still very unhappy with having to travel and ended up leaving when she had a child as she was too far away to go and pick her up from nursery or whatever.

If I was sent to work at another office for the day, I'd count my time travelling there as work time, so I can see the justification for the reduced hours on full pay as well, even if it's unlikely to happen.

Another HR person here....
Exactly what Maxelly said.
Good luck

I totally agree re travelling to another office for a day, as that's out of the ordinary, I'd expect to get paid that time too. In fact when I work overtime I get paid travelling time (generous employer). I think the difference is though, that a meeting or working at a different office is out of the ordinary, not a regular thing. Where this move is a regular thing, a part of her employment with the company and si they won't pay. Also the fact that it's an hour and half by public transport. They'd work it by mileage I think? They wouldn't consider public transport time. So if it was for eg 60 miles away employee may be in with a chance. If it's 25 miles but 1.5hrs by public transport (as my colleagues commute is), they're highly unlikely to pay at all.

Wow, your colleague was very lucky 😀 I've never heard of that happening. Your employer must have been good, I don't think that's the norm though and an sure most do only what they are required

I don’t have an official disability. I can’t reliably walk 1.5 miles two times a day. I also couldn’t do over an hour on the bus.With my health problems, it just isn’t possible. People need to stop acting like op should just suck it up and walk.

Despite my health problems, I have managed to secure myself in a lucrative career . Those of us who are lacking physically can still contribute and earn a living. It just takes some planning.

oP made a mistake relying on coworkers for rides. She now needs to figure out a plan going forward. That plan can’t be to magically become capable of doing this commute just because there are other people in the world who can.

But that’s for one day. Not every day and even then it would mean no staff would start at the normal start time as they would all be using the additional commute time as work time.

@Madein1995

Those quotes were from 2 or so pages back so no, not near the beginning.

If the OP can get a bus for the majority of the journey with her bipolar depression, she can't then claim a 1.5 mile journey isn't doable because of it. That's a nonsense. I took the OP at face value at the beginning of the thread but as it's went on it's clear she's been deliberately vauge to elicit sympathy rather than to get actual, sensible advice.

Perhaps those 2 posters aren't knowledgeable about disabilities? Either way, 2 comments out of almost 400 does not make a thread disabalist.

oP made a mistake relying on coworkers for rides

And treating the staff who were doing it like her staff, and not evening contributing to the petrol.

Some years ago I injured myself and, by an amazing coincidence, we had a temporary contractor who lived around the corner. They gave me a lift to work every day for about three weeks. You can be bloody sure I offered them costs at Inland Revenue rates (even though they were 'going anyway') and, when they refused, bought them a bloody good bottle of their favourite. Actually, I think I bought them a case of wine: still a bargain.

purple I agree, she can't magically be able to do the commute. I also think it would be great if the employer could work with her to find a compromise, eg WFH some of the time. I don't think that compromise should be making colleagues give lifts. I also don't think the ops attitude is conductive to encourage productive discussion. Instead of speaking honestly and professionally and being willing to compromise, the op has come up with ideas that she will entertain and is seemingly planning to issue an ultimatum

Yeah, the OP's attitude is the problem: she seems to think that it's everyone else's job to make her life easier. I can't help wondering if this spills over into her general behaviour in the workplace, which might be another reason for her colleagues and management being disinclined to put themselves out any further.

Madein, I agree.