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Original poster

Does a huge commute count as a health and safety issue?

20 replies

Cyclebump · 27/10/2010 15:25

I got sold to a new company under TUPE just before I found out I was pg and my new employers are an hour and a half from home Sad

Yesterday signal problems and a station 'emergency' meant it took me three hours to get in and I was so tired when I got home that I actually cried from exhaustion. DP is now going a bit hysterical and saying I should go on maternity leave from January Shock

The new team means no one covers my work if I'm off and even getting my antenatal appointments to come near to fitting my work schedule is a NIGHTMARE.

The HR person is rubbish and a week after asking for a meeting to discuss my maternity leave I haven't even received an acknowledgement.

I know employers have to look at the health and safety implications of my job and I was wondering if the huge commute would count. The mw is NOT happy with me having to be out for 12 hours a day.

OP posts:
Tortington · 27/10/2010 15:26

i'm thinking not. however i assume all extra travel costs are being paid?

violethill · 27/10/2010 15:30

Your HR person sounds dreadful- I would definitely take issue with the fact that you haven't even heard Back about a meeting to discuss your ML . However I doubt the commute could be seen as a health And safety concern. At the end of the day, you could move nearer. I know that might have implications for your dh's work, but that's life- a lot of people get relocated and just have to get on with it

Original poster
Cyclebump · 27/10/2010 15:37

That's what I was afraid of. Moving is not an option.

They're meant to be paying my extra travel but I'm not convinced it's being done properly.

The HR is DREADFUL. There's one woman for the whole company and although it's not huge she has loads of other responsibilities as well and seems unsure on a lot of basic stuff. The baby's due in April and while I'm desperately hoping they'll let me take a decent amount of leave before I go off, as it's accrued over the year and it's at the employer's discretion I doubt it.

It's so irritating as I'm planning to be off until January 2012 and it means I miss out on 30 days' pay as they won't let me carry it over.

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shongololo · 27/10/2010 15:41

no, not H&S issue. In London, most people commute at least 1 hour, mostly more. If you are on the train, at least you are sitting, can read a book or a magazine or listen to music. Not exactly high pressure commuting in gridlocked traffic on the M25. I think you are over reacting.

The HR person seems bad, but may be away and may be the only person around - maybe he/she has kids on half term? Wait til next week and see if he/she responds then

Go and see your line manager, tell him/her that you will need to take time out or MW appts and find out if you could work from home at all on those days. Go to him/her with solutions, not a big fat problem - he/she is more likely to agree if you've planned what and how you could do at home.

Original poster
Cyclebump · 27/10/2010 15:50

I've attempted the work from home suggestion and, again, no one's got back to me formally, but I was pretty much laughed at. HR person doesn't have children and when the company cocked up my travel pay, she was similarly useless. She's been in the office every day and passes me an average of four times a day.

The commute is generally two tube changes minimum so although I occasionally get a seat it's mainly standing, but that's not why I'm wondering about broaching it. I'm happy to work and, in fact, it's in their interest to allow me to do some work from home as, because of the distances involved, if I have a mw appointment at 9.30am I don't get in until nearly 12pm. It's a waste of everyone's time. I then have a manic rush to catch up (I work on a magazine so work has defined and very rigid deadlines) and the work is of a lower standard because I have no time to edit things as thoroughly.

OP posts:
Happyshopper · 27/10/2010 16:46

Was your work location in your contract of employment? Did your current employer ask you to change your location of work and did you agree to it?

Original poster
Cyclebump · 27/10/2010 17:10

I wasn't given a choice.

The publication was sold to a company in south London. My original workplace was west London. The move was within the legal parameters but we weren't given any choice in the matter.

the team here is much smaller and I have no one to cover my work at all, hence why my appointments are a real headache.

OP posts:
LucindaCarlisle · 27/10/2010 19:53

Have a look at the Health and Safety Executive web site. Ask the HSE for advice.

Your employer should carry out a risk assessment for you as a pregnant person.

Happyshopper · 27/10/2010 20:05

So you must have a clause in your contract that allows your employer to change your location of work. As you know your terms and conditions of employment are protected under TUPE. Yes, risk assessment is definitely required.

Would you feel comfortable approaching the HR person face to face and saying something along the lines of 'Hi, not sure if you've got my email but I would really like to meet with you. Are you free now or later on today?' That way you've got a meeting and can put your concerns to them.

seeyoukay · 27/10/2010 20:12

The location of work change would have been made under TUPE. No need for it to be in a contract of employment.

Commuting to your perm place of employment isn't your works responsibility. You're responsible for how you get there, not them. No risk assessment required.....nothing.

If they were asking you to travel for work to different places as part of your work then that's different but they're not.

LucindaCarlisle · 27/10/2010 20:16

Pregnancy Risk Assessments need to be done.

GrendelsMum · 27/10/2010 20:17

If you see the HR person frequently, can you just breeze up to her and say 'ah, gladvI've caught you, we need to go over my maternity situation by the end of the day - lets get it done now.'?

lionmummy · 27/10/2010 20:18

I don't think this is that unusual; a lot of people, as Shongololo points out have a long commute and are travelling for work reasons, pregnant or otherwise. This is a personal situation not an employers responsibility imho.

Happyshopper · 27/10/2010 20:28

Not sure what you mean Seeyoukay - an employees location of work should be in their statement of particulars why has this been changed with TUPE?

Stinkermink · 27/10/2010 20:28

Solution to long commute is move closer to work. This is not your employers concern, you knew pg or not that the office would relocate. You chose for many reasons I'm sure, to stay with them. You are biding your time until mat leave starts? Take mat leave, then look for another job closer to home.
Sounds harsh, but that's how they'll view it. On a personal note where companies have been taken over by mergers, employees often have a bit of resentment toward the new employer. It's normal. Loyalty to the old regime Smile
just look forward to your mat leave and make new plans for the future....it's all about to change massively anyway.

LucindaCarlisle · 27/10/2010 21:29

Ask them if you can work at home for four days a week and come into the office one day per week.

Original poster
Cyclebump · 28/10/2010 09:45

Hmmm, this is all as I suspected. ALthough we were thinking of getting pg in the next couple of years we were planning on me finding a new job, then going for it. We found out I was five weeks pg, two weeks after the move.

As I said before, I've pretty much been laughed at for suggested working from home and the HR lady is now avoiding me so I can't grab her. Sigh. So annoying. Oh well, roll on maternity leave!

TBH, all I was hoping is that I could use it as a tool to argue for possible flexible working or working from home as they're completely closed to suggestion.

They seem a nice company, but I'll have to have a long hard think about what happens when maternity leave is over.

Thanks for the advice people!

OP posts:
LucindaCarlisle · 28/10/2010 09:48

Are you in a Union?

Gotabookaboutit · 28/10/2010 10:14

Make an appointment with the hr woman - do it by your official company internal mail - Send her a pre meeting summary ie why its to their advantage to let you work from home on you appointment day - I would even try to get a couple of days at home per week any way. A lot of this is in the presentation. You are also then setting a president for after the baby is born

Original poster
Cyclebump · 28/10/2010 11:45

No union contacts.

I like the idea of setting out the reasoning in writing. I'll work on that!

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