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Back to work question - constructive dismissal?

4 replies

Alibabaandthe40nappies · 21/04/2009 16:17

Hoping that someone can help with this!

I am due back at work in mid-June. I work for a large corporate but am contracted to them through an agency so I have no statutory right to flexible working. My agency have e-mailed me today to say that they are unlikely to be able to offer me flexible hours, but also that the job is probably going to be at another location than the one I have always worked from - an hour's drive away.

I am horrified. The office where I have always worked is still open, they have not shut the site. It's going to mean me putting DS into childcare from 7:30am to 7pm 5 days a week - the cost of which may not even be covered by what I would earn once I have paid the £200 a month in petrol that the drive to work will cost me.

Can anyone advise where I might stand? DH thinks it might be constructive dismissal, them making it so hard for me to return to work.
I have always been hardworking and scored very highly in my annual review and appraisal - always been awarded the full bonus and payrise associated with the scoring.

OP posts:
Tinker · 21/04/2009 16:22

Not sure about constructive dismissal but an hours journey to work would be considered (just) to be reasonable daily travel by my employer.

You only have the right to request flexible working is considered don't you? There is no right for it to be granted.

Do they still do your job on the original site or does it now have a different purpose?

LeninGrad · 21/04/2009 16:30

This reply has been deleted

Message withdrawn at poster's request.

Alibabaandthe40nappies · 21/04/2009 16:50

Thanks for the swift replies.

Tinker they are not talking about me returning to my previous role but about doing something different. Other people in my old team still work from the same office as I always have.

Lenin - I'm not in a Union, but we have access to legal advice through my husband's job so we are going to persue that initially and see what they say.

OP posts:
flowerybeanbag · 22/04/2009 08:59

If your employment status would be that of an agency worker, you don't have many rights, and don't usually have the right to claim unfair (including constructive) dismissal I'm afraid, see here. You are protected against discrimination so if you think you have been discriminated against, that might be an option.

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