Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

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:
BishopBrennansArse · 05/12/2018 12:48

Other colleagues giving lifts isn't a reasonable adjustment, no, but the employer should have worked with the OP to look into options such as access to work way back when the move was planned rather than suggesting the completely untenable 'solution' (which wasn't actually a solution at all).

Ginandsonicscrewdriver · 05/12/2018 12:58

No, it’s not which is why I went on to say it was not. It’s a bit of a crazy situation which the employer should have handled much better.

The employer should have listened to her concerns and looked at options available.

Ginandsonicscrewdriver · 05/12/2018 12:59

Alfie, that’s why we keep talking about access to work - although some of the cost may fall to the employer depending on size.

SalemBlackCat4 · 05/12/2018 13:16

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

SalemBlackCat4 · 05/12/2018 13:18

*wouldn't have had

Ginandsonicscrewdriver · 05/12/2018 13:24

Usually people with disabilities in addition to being proudly independent, know every benefit they are entitled to and know the networks of help. They are usually on top of it.

What a bizarre, sweeping generalisation.

The onus is on the employer to make reasonable adjustments and, if the disability is disclosed, not conveniently “forget” about their employee.

fishonabicycle · 05/12/2018 13:27

I have an hour long train ride, with a 12 minute walk at my end and over a mile the work end.

ReflectentMonatomism · 05/12/2018 13:35

The onus is on the employer to make reasonable adjustments

The employer is perfectly entitled to assume that staff live close enough to the premises to get to work. That the OP lives miles away is not the employer's problem, and claiming "reasonable adjustments" in that situation is unlikely to get very far. If the problem is that the job was reachable, but then the employer moves location, and the employee can no longer get there, then that is a redundancy situation, and their disability is unlikely to factor into it.

Could the OP get there by taxi? Yes. Is the taxi fare in the sort of financial band that many people spend in order to commute anyway? Yes. So what's the case? The employee gets a taxi. The end.

Ginandsonicscrewdriver · 05/12/2018 13:39

Do you understand what access to work is for reflectent? This is the kind of situation they can fund, albeit in arrears.

Having a disability is a financial penalty in itself.

ReflectentMonatomism · 05/12/2018 13:52

Do you understand what access to work is for reflectent?

Yes. It's not the same as "reasonable adjustments". It might pay for the taxi, that's all.

SalemBlackCat4 · 05/12/2018 13:53

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

LIZS · 05/12/2018 13:54

They can recommend reasonable adjustments such as equipment to help the employee cope better.

Ginandsonicscrewdriver · 05/12/2018 13:57

Employers are responsible for making reasonable adjustments. It doesn’t matter how busy they are, if you want to take on staff you have legal responsibilities. They have that responsibility.

No, I didn’t say they should be an information booth, but they should be aware of their own responsibilities whne they have disabled/pregnant etc employees.

Ginandsonicscrewdriver · 05/12/2018 14:00

ReflectentMonatomism Exactly my point Hmm op doesn’t need to find a new job, there is support.

BishopBrennansArse · 05/12/2018 14:00

The employer has an obligation under law to look at the circumstances and barriers to work for disabled employees and deduce whether or not reasonable adjustment can be made, Salem.

No, that doesn't happen for everyone. It's why disabled people face barriers into work, unfortunately, the very legislation designed to remove said barriers.

In the OP's instance it can be demonstrated that now down the line no reasonable adjustment can be made but it's a long term situation and could very validly be said that the employer should have dealt with this properly prior to moving.

SalemBlackCat4 · 05/12/2018 14:02

In large companies HR would oversee employees like the OP and their needs. Very rarely do bosses get involved. OP has said this is a small company, so her boss would be the main contact, however the boss would also be extremely busy and not have the time HR has to chase up minute details. To expect a boss to do it all is absolutely absurd. It is up to the employee to find out what she is entitled to, and then the boss can go from there. But it is her disability, it is up to her to find out her entitlements.

BishopBrennansArse · 05/12/2018 14:06

Doesn't matter how bloody 'busy' he is it's a legal obligation for employers to ensure that reasonable adjustment has been made to prevent barriers to work in their workplace.

Nothing excuses compliance with the law!

ReflectentMonatomism · 05/12/2018 14:08

Look back over the thread, Access to Work funding taxis has been mentioned dozens of times, including people who have done so successfully, and the OP has studiously ignored it. It appears A2W funds the difference between the transport costs the subject incurs, and the transport costs that a person without the disability pays for a comparable journey. It looks like the OP is looking for free travel.

SalemBlackCat4 · 05/12/2018 14:12

BishopBrennansArse of course a boss must comply with the law! However, he can't do that unless the employee tells the boss what she needs! That's the point you are missing! The employee needs to find out what entitlements they are entitled to. She needs to do that leg work, make those phone calls, get the forms first.

SalemBlackCat4 · 05/12/2018 14:20

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

BishopBrennansArse · 05/12/2018 14:21

If a disability has been disclosed the onus is on the employer to do an assessment. Yess that requires the employees' input but again doesn't absolve the employers' responsibilities.

BishopBrennansArse · 05/12/2018 14:22

@SalemBlackCat4 that is absolutely not true, too many disabled people don't know everything about their rights, where the hell are you getting that from?

BishopBrennansArse · 05/12/2018 14:23

The employee doesn't have to do all that work at all. Employer's responsibility. The employee is expected to assist but it's not entirely down to them at all!

SalemBlackCat4 · 05/12/2018 14:25

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

SalemBlackCat4 · 05/12/2018 14:27

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

Swipe left for the next trending thread