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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:
PengAly · 06/12/2018 19:38

Why did you expect them to pay for taxis??? Do you think they pay other employees petrol costs?
Also, you really need to understand how lucky you are that they are accepting you telling them, not asking- this is rare for a lot of employers. You need to take more responsibility but sadly you dont seem to want to.

GhostSauce · 06/12/2018 19:56

Oh OP. I think you need to possibly manage your expectations a bit about what your employers will or can actively do. Ultimately they don't care how you get to work, they just require you to be there.

I speak as a person who has had huge anxiety issues with transport and used to get off buses and trains halfway through journeys having panic attacks. I'm not unsympathetic to MH issues, but most employers don't really give a shit. They just want you there doing the work. If not they'll manage you out.

Bringbackbertha · 06/12/2018 20:13

I get the feeling that this is a small company as they have no actual HR and so they are being lenient out of fear of the OP taking them to task for discrimination as they haven't got a clue about their rights and the ops rights

Gwenhwyfar · 06/12/2018 20:33

"The other boss did mention taxis but sadly didn't offer to pay for them

Why would they?"

Because they're the ones who changed the location of the job. She signed up to the job thinking it was somewhere else.

Avrannakern · 06/12/2018 20:36

@Gwenhwyfar

Busineses relocate. It's perfectly normal and allowed. They are not responsible for commute costs. Most contracts have a mobility clause which state that you will be required to continue your work if they move within X amount of miles. If it's more then you could get redundancy pay. The New office is 1.5miles away from the old so it's not a redundancy situation.

SnuggyBuggy · 06/12/2018 20:52

If you are old enough to have a 17 year old you are old enough to understand how these things work. Your boss is not responsible for your transport to work and workplaces are allowed to relocate.

Gwenhwyfar · 06/12/2018 20:59

"Most contracts have a mobility clause which state that you will be required to continue your work if they move within X amount of miles. "

I don't think mine does. Does OP's?
In any case, it's about the moral obligation, not just the legal one, particularly as OP is disabled.

Ginandsonicscrewdriver · 06/12/2018 21:05

Given the OP is disabled the employer should have looked at this before they moved, when OP asked though.

PengAly · 06/12/2018 21:06

OP we have been saying the same things to you for this whole thread and you have chosen to STILL not get it. Employers are NOT responsible for your commute...do you finally understand this?

LIZS · 06/12/2018 21:20

In any relocation scenario there will be some losers , some gainers. Some of those driving will be doing an additional 3 miles, others less. Maybe business needs necessitated the change and overall the benefit of this location in having parking available outweighed the disruption. Do others not use public transport? Would anyone perhaps share the cost of a taxi some evenings back into town or walk with you?

MaisyPops · 06/12/2018 21:35

In any relocation scenario there will be some losers , some gainers.
This ^^
I've had friends who've gone from city centre to out of town office park. They've not driven and it's been a pain for them.

Others have gone from city centre to campus of offices still in the city centre but it's permit parking only and the landowner charges a fortune for parking because they have a monopoly.

Others have had their office relocated closer to home, some have had 30 minutes extra drive added on.

Others have had to relocate to a similar post in a different town to avoid redundancy situations.

In none of those scenarios did any of them complain that it's unfair colleagues won't sort their commute out or how unfortunate it is that work won't cover their costs.

Surfskatefamily · 06/12/2018 21:45

Thats a reasonable commute for most. Is not dismissal, its you either commute or find a new job. I hope they gave you some notice of this change though?

Gwenhwyfar · 06/12/2018 21:53

An hour and a half is not a reasonable commute Surf!
I know a lot of mumsnetters do it, but they tend to live in south east England with very well paid jobs that I suppose makes them think it's worth while.
A 50% increase is not a reasonable increase either.

LIZS · 06/12/2018 22:03

But gwen it would not be a 50% increase for most employees and it is unclear how the business could have anticipated the specific impact on op. It does seem unusual for 1.5m to be so remote from a transport hub as to not even part way be accessible by public transport.

Gwenhwyfar · 06/12/2018 22:05

Lizs, it would take me 30 minutes to walk as well so the increased time would be the same for anyone using public transport surely? They've moved to a location which is much less accessible by public transport.

Ginandsonicscrewdriver · 06/12/2018 22:11

RTFT

PengAly · 06/12/2018 22:13

Gwen but its really not the employers fault. Yes its inconvenient to the OP but honestly thats not their problem and why should it be?

Original poster
Autumnwindinthewillows · 06/12/2018 22:23

Why would they need to manage me out? I've been there 18 months so they can just dismiss me if they want.
Or maybe they are being flexible and understanding because I'm good at what I do and me staying is of benefit to all (no recruitment costs or down time to replace me)
Of course I am responsible for getting to work but they changed the location knowing it was inaccessible easily by public transport and that I dont drive.
Anyway after speaking to them I feel much more positive and I don't think I would have done that without the collective mumsnet urging me to, plus a lot of the info e.g. on access to work and pip has been a great help so despite the considerable negativity this post has achieved a lot for me for which I am grateful
I won't be posting on it again

OP posts:
Schuyler · 06/12/2018 22:37

Gwen while I have supported the OP and don’t think she can reasonably manage due to her disability, as a general rule, the job centre say up to 90 minutes (for an able bodied, healthy person) is reasonable. I take students on placements and all the universities say the same thing.

PengAly · 06/12/2018 22:43

but they changed the location knowing it was inaccessible easily by public transport and that I dont drive.

And??? You expect a company to make a business decision based on YOUR convenience?! Wow.

Ginandsonicscrewdriver · 06/12/2018 23:16

peng, why do you keep posting? You’re being really unhelpful despite there being plenty of info on the thread re the ops disability, AtW etc.

Good luck OP.

Gwenhwyfar · 07/12/2018 06:10

"as a general rule, the job centre say up to 90 minutes (for an able bodied, healthy person) is reasonable. I take students on placements and all the universities say the same thing."

I think that's crap. No way would I do a 3-hour round trip to work.

Gwenhwyfar · 07/12/2018 06:12

"Employers are NOT responsible for your commute...do you finally understand this?"

Peng - as I've mentioned above, in places where I've worked and ones I've heard of from other people, employers do take on the cost of the extra commute when they moved. It's only fair as the employee takes on the job thinking they'll be based in the first location.

SnuggyBuggy · 07/12/2018 06:14

Especially for a minimum wage job. It's just an example of how the jobcentre are bastards

Surfskatefamily · 07/12/2018 06:16

@gwenhwyfar yes 1.5 hours is quite long but i did it in one of my jobs in manchester. It was an average paid job. It was nice to relax on the bus reading the paper for a while. I know very many people for whom this is normal

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