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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
Dorsetdays · 04/12/2018 19:53

Autumn. Why are you planning to get yourself dismissed for poor timekeeping? That’s a really bad idea and would impact on future employment opportunities.

If you can stick it out to the New Year could you not just pay for the taxi from your old offices which is a 3 mile round trip each day. As a previous poster said I’m sure a taxi company would do a small discount for regular use. You could then leave on good terms once you’ve found something new.

Very few contracts these days don’t have a mobility clause which means your employer can require you to work from any location (meaning in the UK) so a 1.5 mile increase in your commute is hardly going to amount to discrimination.

AnchorDownDeepBreath · 04/12/2018 19:55

How much does your normal transport cost to work?

I've had taxis through Access to Work before; but I had to pay the same as I'd pay for normal transport; and they "made up" the rest. In reality, that meant I paid the fares (the taxi company did agree a set cost each day) and they reimbursed me after I produced a sheet my manager had signed to confirm my attendance each month.

That might be an option; but it would depend whether you'd get a taxi (school times can be a nightmare) and whether that is a cost that you can afford.

I'd start looking for a new job in your shoes; it seems the move is making this unsuitable. It does suck, a similar thing happened to me. All the best finding a new job Thanks

ReanimatedSGB · 04/12/2018 19:57

So you can do the commute but just don't want to? Nope, sorry, it's not the company's problem that you are a whinyarse. And it is not at all unreasonable for a new employee to refuse to drive you about - if it's not part of this person's paid duties then s/he is under no obligation to commit to being someone else's personal transport on a daily basis. The new person might well have all sorts of other commitments that are more important to him/her than ongoing unpaid favours for a work colleague - dropping DC off at nursery, a morning exercise class, a dog in need of a morning walk...

Amaried · 04/12/2018 20:00

Honestly I'd just look for something else nearer asap. It's important where possible to leave on good terms if you want a reference and just not going to work will pretty much guarantee you a poor one. It's not your employers or your colleagues responsibility to help you get to work I'm afraid. You have no case here.

Butchyrestingface · 04/12/2018 20:01

I'll stick it out until new year by being late / leaving early to keep my work and travel hours the same (i know i cannot do an extra 3 hours per day as i tried in the past and ended up unwell) and then they'll probably dismiss me anyway for bad timekeeping

What's going to change in the NY that means you can resign then? Are you applying for other jobs? Do you have interviews lined up?

If all options are exhausted, in your place I think I'd rather resign now than do what you're proposing and risk dismissal for timekeeping issues going on future references (not that I'm suggesting you do).

Purpleartichoke · 04/12/2018 20:02

You have been doing the bus commute and getting a ride the last 1.5 miles.
The short term solution is to continue riding the bus and get a taxi.
The long term solution is to move or seek other employment.
While you are searching, a reduced take home wage is better than none.

Tanaqui · 04/12/2018 20:03

Jesus, didn’t the OP say she was disabled? And she can’tdo the commute (without getting ill), not just doesn’t want to? Am I reading the same info as everyone else? Yes, the colleague has no obligation, even though the boss offered, but surely a reasonable adjustment can be made?

stopinthenameoflove · 04/12/2018 20:04

I'd look for something else ,never understand why people do long commutes but in your case it was unavoidable. But surely they must have said the lift thing was temporary until you got sorted ? And how long ago did you move office ?

Don't start thinking you'll get the boot for being late you want to move with a good ref . Timekeeping is v important for employers.

Autumnwindinthewillows · 04/12/2018 20:07

I don't pay for public transport to and from work as I get the concessionery transport scheme pass. So £200 per month taxi is a huge chunk extra that I just can't afford just as dropping my hours by 25% would mean it isn't economical to work
Without what i thought were assurances about transport I would have left before the move when I had 3 months to find somewhere else rather than it being dumped on me at a moment's notice.
I cannot work full time and do the commute so i dont see I have any choice but to do the hours I can and see what happens with the access to work application plus ask for reasonable adjustments to work from home 2 or 3 days a week but i need the union to help me do this.

OP posts:
MyKingdomForBrie · 04/12/2018 20:10

I never understand why some threads have such a nasty response.

This is a horrible situation OP and I wouldn't stay in a job that went from a 19 min commute to 1.5 hours - 3 hours of your life every day spent travelling to work? That's 15 hours a week, which is 720 hours or 30 days per year. Fuck that! Life is too short and too precious.

Start job hunting now so you can hand in your notice ASAP.

SassitudeandSparkle · 04/12/2018 20:11

Are you the SW who doesn't drive, OP? Did you need the access to public transport to do your day-to-day job or it is purely office-based?

crumble82 · 04/12/2018 20:15

I think a colleague giving you a lift to work at the request of the company would need to fork out for business insurance so I can see why they don’t want to do it.

It’s an unfortunate situation you’re in but I strongly doubt that the business moved offices purely to inconvenience you. You need to find a new job and try and leave your current ones on good terms. You’re coming across as fairly entitled, I think you need to stop taking this so personally and accept that circumstances change.

DonnaDarko · 04/12/2018 20:17

I'm going to be blunt, sorry.

Never rely on other people to get you to work. If you can't make the journey on your own, you should not be working there

It doesn't sound like your company made any promises to you, more like your boss said casually "don't worry, someone can give you a lift"

If I were in your shoes, I'd start looking for another job.

I'm not disabled, but I do not drive so I know how important good transport links are.

Nicknacky · 04/12/2018 20:17

I think you need to speak to your employer and focus the conversation on how you are struggling with the hours plus journey time and see what solution can be found.

The money is a different issue. Your colleagues also have travelling expenses so I don’t think that holds much water.

Milly848 · 04/12/2018 20:17

You can't claim unfair or constrictive dismissal unless you've been there two years

Work offices may have to pay reolocation pay if offices are moved a substantial distance, but this doesn't sound like it would qualify

Your colleagues are not obliged to pick you up and to be honest I would find it a real pain if I had to do this, especially if it was out of my way, the other person doesn't always finish at the same time, or they're not even paying for petrol

Your only options are to pay for public transport, a taxi or get another job

ReanimatedSGB · 04/12/2018 20:18

OP is getting a brusque response because she seems to think that it's everyone else's responsibility to look after her and will not entertain any other options than her colleagues being ordered to provide her with lifts. Her employer cannot actually do this, legally - any colleague who was eg threatened with dismissal for refusing to be OP's personal transport would have a better case for unfair treatment than OP does.
|OP also started out by implying that the commute was literally impossible then switched to saying that it makes her tired therefore she won't do it.

ReanimatedSGB · 04/12/2018 20:20

And there have definitely been threads about people being lumbered with entitled whiny colleagues demanding daily lifts, and what a fucking imposition it is.

SnuggyBuggy · 04/12/2018 20:23

OP cut your losses and look for another job. I would be reluctant to spend 3 hours a day commuting unless it was something special

Aridane · 04/12/2018 20:24

maxelly has it spot on with her informative post

LanaorAna2 · 04/12/2018 20:25

Look at your job contract. If it specifies the location of the office, you've got a point. Call union.

People are being awful to you OP - 3 hours a day is a bastard commute, let alone for a job as heartsinking and badly paid as social work. An hour's walk will make you lovely and fit in the sun but it will be filthy and freezing half the year.

I once gave up a volunteering job because it was 'only half an hour walk'. The worst 30 min of the week, it invariably pissed with rain. If you need to get home quick or you're ill, it's cab time. Nuisance.

Aridane · 04/12/2018 20:26

OP - YABU to post in AIBU!

Legal or Employment would be better/ less of a pile in

Milly848 · 04/12/2018 20:28

@LanaorAna2 locations are moved all the time and contracts are rarely reissued. Usually, contracts will have a clause somewhere saying employers can change any of the contractual terms as long as they give adequate notice in writing. In the past, employers have changed my location, hours, and job title, and there was nothin I could do as they were legally allowed to. PLUS OP hasn't even been there two years, so has no grounds to argue breach of contract anyway.

bumblenbean · 04/12/2018 20:30

I agree with nicknacky . It’s no good just not turning up at the right time - you need to sit down with your boss and explain that due to your disability it isn’t feasible for you to do the commute and ask if there are any reasonable adjustments that can be made - then take it from there. I suspect they might say that any adjustments they would have to put into place wouldn’t meet the ‘reasonable’ criteria which is crap for you I know.

But if you just turn up late / leave early without discussing it with them presumably that could be a disciplinary issue.

Good luck!

Autumnwindinthewillows · 04/12/2018 20:35

I posted on AIBU for traffic and i certainly got that Grin
It helps getting all viewpoints and the consensus seems to be suck it up until I get another job. So I am now going to check out the job sites
I probably do come across as entitled because that is what I thought they had promised; I am not so unreasonable as to expect a lift every day otherwise- in fact I hate relying on others
One more question - if I try to do the commute plus full time hours I'll probably last 2 -3 weeks before getting so unwell I am signed off for a few weeks. As an employer would you prefer me there every day but reduced hours or full time till i get sick?

OP posts:
Nicknacky · 04/12/2018 20:37

So speak to your employer before getting to the stage of being unwell!!

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