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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:
Bombardier25966 · 04/12/2018 17:29

If you cannot drive for medical reasons have you looked into funding for taxis via Access to Work? You'd still have to pay the equivalent of what it would cost you on public transport.

Bombardier25966 · 04/12/2018 17:29

(* If you qualify at all. Taxi funding is not easy to get.)

Bestseller · 04/12/2018 17:32

Yes if the commute is particularly difficult because of a disability, ask Access to Work for help. I've never seen them turn down a request!

maxelly · 04/12/2018 17:32

Hi, HR person here. When they originally changed your work location that could, depending on what is in your contract, have been a redundancy situation as the location of your work changed. However as you agreed to work from the new location that has fallen away. I think your employer would probably argue that the arrangement you had re lifts with your colleagues was between you and them and nothing to do with the employer, but even if this was officially provided work transport, its quite common for employers to put short term measures in place to help employees after an office move which then fall away after a period of time, which obviously wouldn't be possible if everyone then claimed they were redundant afterwards.

Also this is all academic anyway if you have been there less than two years as you can't claim ordinary unfair dismissal or constructive unfair dismissal anyway.

However you do say you have a disability so they do have a duty to make reasonable adjustments to ensure you can stay at work, which could mean particular consideration of how the office move affects you, although again with hindsight this probably should have been discussed at the time. This wouldn't extend to moving the office back to its old location of course and I don't think it would be reasonable to insist your colleagues have to give you a lift, but perhaps something like some working from home days or adjustment in hours might help the transport situation?

CanuckBC · 04/12/2018 17:33

If the accommodation was due to disability you may have something. I would call ACAS and find out. It does t hurt to ask.

ReanimatedSGB · 04/12/2018 17:34

OK, the fact that you have a disability could be a factor in you having some sort of case, but your employers cannot order your colleagues to serve as your chauffeurs. If they can show that the move was undertaken for good business reasons (rather than to ease you out of your job) then it's unlikely you would win, though. It is generally not seen as an employer's responsibility to provide transport for you even if you have a disability. As PP have said, speak to ACAS and check if there is anything that should have been tried or if there is anything that can be done by you to make the commute easier. Do you, for instance, get any kind of mobility allowance, or are you entitled to a mobility scooter or anything like that? (I don't know what your disability is and you don't have to share details if you'd rather not.)

LakieLady · 04/12/2018 17:36

I don't think it's an unreasonable commute. We're 1.75 miles from the station, and plenty of people walk there and then have an absolute minimum of an hour on the train to London.

The folding bike/bus combo is a brilliant idea, though!

CanuckBC · 04/12/2018 17:39

Doesn’t!

Canadalife · 04/12/2018 17:39

If you are having difficulty getting to work because of a disability then try contacting Access to Work...they have paid for taxis in the past to help people get to work and may well have some ideas.

GhostSauce · 04/12/2018 17:40

My commute is either 45 min drive then 2k walk, or 2k cycle to bus, 40 min bus, 1k walk.

Sucks but that's life.

MinisterforCheekyFuckery · 04/12/2018 17:40

It does sound like the current situation is not sustainable but the thing is, what do you want your employer to do about it? They can't force your colleagues to give you lifts if they don't want to. Neither can they base their decisions regarding the location of the office on the needs of one person. Could you ask to work from home a couple of days a week so you wouldn't have to do the long commute every day?

eddielizzard · 04/12/2018 17:40

Sympathies OP, that does sound shit.

TeacupDrama · 04/12/2018 17:53

normal walking speed is about 3 miles an hour so 1.5 miles is 30 minutes a fast walk is 4 miles an hour(22.5 minutes) , when hiking they average 2 miles an hour due to terrain hills etc
as OP has some disability and can't drive a 1.5 mile walk may be virtually impossible

Grace212 · 04/12/2018 17:55

OP, I wonder if you'd be better getting this moved to the Employment Issues board - may be more knowledge there?

mumsastudent · 04/12/2018 17:57

if op is disabled & her disability also affects her ability to drive it is quite possible (OP??) that op wont be able to walk that distance let alone walk that fast. It could be her form of disability could affect her spatial awareness & maybe her ability to find her way.

amusedbush · 04/12/2018 17:59

My DH's office moved from five minutes walk away to almost an hour's walk away, with absolutely no public transport links that stop near our house. Staff were given £3k compensation but he has still been forced to either walk, pay for a taxi or cadge a lift every day. It's a total pain in the arse for him.

I think people are missing the point here. Saying "you should put up with it because MY commute is EVEN LONGER!!!!!" is unhelpful. You (I'm assuming) applied for and accepted that job knowing where it was located. OP has a disability and has been dropped in the shit - it doesn't sound as though she would have accepted the job had it been so far away in the first instance.

badlydrawnperson · 04/12/2018 18:02

Saying "you should put up with it because MY commute is EVEN LONGER!!!!!" is unhelpful.

^This - it's no wonder working conditions in this country have been allowed to get so shit, a lot of people seem to want to willingly join a race to the bottom.

shouldwestayorshouldwego · 04/12/2018 18:04

Is there any possibility of moving closer to your work, assuming that you are otherwise happy in the job.

Fresta · 04/12/2018 18:07

I don't think you have been dismissed, but can't understand people saying 3 hours a day is normal commuter time. Maybe for some, but not for most. I would look for a job nearer home- unless you are extremely well paid or you can't get similar work nearby then such a long commute is not with it!

LEMtheoriginal · 04/12/2018 18:13

Well an hour isnt long on the train BUT that is going to be one hell of a dent in the OP's wage!

Have you spoken to them? Is there any way you could get transport?/car share for petrol costs etc?

Sadly how you get to work isn't their problem so you are as well to find another job. Sorry- its shit

helacells · 04/12/2018 18:23

Can't you get a car?

RestingBitchFaced · 04/12/2018 18:26

Could you pay a colleague a set amount each week to pick you up? What happened to the lifts? Assuming they are not going out if their way obviously

jay55 · 04/12/2018 18:35

Can anyone pick you up from the station? Could a group of you share a cab?
It really is shit but they were very wrong to say colleagues would give lifts in the first place, I imagine lots of people started looking for new jobs when the move happened.

Original poster
Autumnwindinthewillows · 04/12/2018 18:38

I'll speak to my union tomorrow and I've applied for access to work assistance.
What about in the meantime - can I just not go into work as I cant get there until something else is put in place?
I'll ask about working from home but I'd need a laptop to be able to access work.
TBH I feel very let down by them so not sure I want to stay any longer than i have to

OP posts:
EndofTetherReachedToday · 04/12/2018 18:39

Amazed at the amount of people who didn’t read OP properly.

I cannot get to work without an hour long journey on public transport plus a 1.5 mile walk

It’s an hour bus PLUS a 1.5mile walk! So not just a little stroll!

That sounds a real pain in the backside but I don’t think you can do much. Offices move and as long as they left their job open for people they haven’t done anything. They can’t force people to give lifts etc.