Standing up for yourself in the first year.

Chris_M_3

Is it wise to stand up for yourself against an unreasonable employer in the first year?

I feel my employer is being unreasonable, (and I've started a Formal Grievance) and I'm mindful that I'm still within my first year but only just, as I've been there 50 weeks.

This is my second stint with this employer but this time it's with a different office and they are completely different to the first office, who were a pleasure to work for and I always looked forward to going into work.

1/
My employer wanted all of us to attend a 5-day training course, (no problem with that) but they told us to use our own vehicles to attend the course, which involved a daily round trip of 130 miles. My contract clearly states my place of work, which wasn't the same as the training centre, so I refused as my car insurance doesn't cover business use and as my car is on a limited mileage policy, I wasn't using up 650 miles of my annual 3000 miles allocation. And as my employer's business is in transport, I asked for a company vehicle, (they have over 5000 vehicles in the UK). This led to a meeting with management and basically a stalemate but nothing more has been said about it, as they know I am right.

2/
I'm a blue-badge holder but there are no disabled parking bays at my workplace. Over the last 50 weeks, I have continually asked for a disabled parking space, as other people park too close to my car and I'm unable to get in. This is why I've started the formal grievance and I have a meeting next week and I get the feeling they'd rather sack me than spend the money to put in a space for me.

I've always stood my ground but I just get the feeling it's unwise to make a name for yourself in the first year.

michaelvintner

I don't think you are being unreasonable on either point. The first one about the training course which you have stated that you have no problem with attending is a fair one. Your place of work is your office and if you are required to go anywhere else then travelling expenses should be met by your company. If they cannot provide you with a car then pay for your train fares and taxi from station to training centre (although providing you with a car for a week will be cheaper). Possibly an arrangment could be come to where they pay the extra on your car insurance for business use and increased milage. You should also be able to claim for your fuel.

The parking space is just a matter of a bit of paint marking but it may be more difficult for them as they may need to get the landlords permission (If they rent).

Standing up for yourself is fine providing you are being reasonable which to me it sound like you are. You are after all not refusing to attend the training course simply pointing out that you should not be expected to pay the extra it will cost you to get there. You are not refusing to go to work because of the parking space you are simply pointing out that it would be useful if they could provide you with a parking space.

Does not sound to me like you are asking for anything that anyone else would not ask for.

Uncertain

You say you have been there for 50 weeks.

In real terms you only need one more week to gain unfair dismissal protection as a week's statutory notice counts towards the required 52 weeks.

Note, even if your contract states a longer period of notice this does not help for this purpose as an ET is only able to count the statutory minimum of one week.

Point 2 could be argued to be disability discrimination for which there is no minimum period required. Presumably the firm are formally aware of your disability (if not make them aware forthwith) then they must, by law make reasonable adjustments.

Wellery82

I think both your points are reasonable, however personally i wouldn't go down a formal greivance route, not because you have been there less a year in particular, but because i always think that a more informal approach to problems in the workplace generates better results.

On the 1st point i'd suggest just having a friendly chat with someone, and during the chat adding in "on the training trip my car doesn't cover business use on insurance so i was wondering the best way to get there - how can i go about getting the train paid for/usage of a company vehicle for the trip?"

On the 2nd point i would again say an informal meeting, where you are firm in your stance, is more beneficial. Friendly but assertive is the tone you need to seek, how can you go about arranging a set space for you in that car park?

Chris_M_3

Jimavfc82 wrote: »

I think both your points are reasonable, however personally i wouldn't go down a formal greivance route, not because you have been there less a year in particular, but because i always think that a more informal approach to problems in the workplace generates better results.

On the 1st point i'd suggest just having a friendly chat with someone, and during the chat adding in "on the training trip my car doesn't cover business use on insurance so i was wondering the best way to get there - how can i go about getting the train paid for/usage of a company vehicle for the trip?"

On the 2nd point i would again say an informal meeting, where you are firm in your stance, is more beneficial. Friendly but assertive is the tone you need to seek, how can you go about arranging a set space for you in that car park?

I've already been down the informal route with three previous meetings and got nowhere, this is why I've now started a formal grievance with the advice of my union rep.

Jarndyce

a) clearly they cannot require you to use your own car unless this is a contractual requirement. Otherwise it is their responsibility to pay for public transport/hire car or provide an alternative solution.

b) there is no right to a disabled parking space unless this is a reasonable adjustment which is necessary for you to do your job. By all means raise it as a grievance if you have exhausted the informal route, but I would not see this as a discrimination issue.

Oldernotwiser

Might it not be cheaper for your employer to "top up" your car insurance to a level where you can use it in these circumstances? How much would that be?

ETA.
Are they offering to pay mileage for this anyway?

Chris_M_3

Oldernotwiser wrote: »

Might it not be cheaper for your employer to "top up" your car insurance to a level where you can use it in these circumstances? How much would that be?

Not possible. I drive a high-performance sports car insured through a specialist and business use is not permitted.

Oldernotwiser wrote:

ETA.
Are they offering to pay mileage for this anyway?

They are but the fact still remains I would not be insured for that journey in my car and as they are a transport company with a fleet of over 5000 vehicles in the UK, it's not unreasonable to expect them to provide one for a week.

Uncertain

Chris_M wrote: »

Not possible. I drive a high-performance sports car insured through a specialist and business use is not permitted.

OK, so I assume there is no requirement for you to use your car (obviously subject to being paid mileage) as part of your terms of employment?

Also, have you checked the insurance position very carefully. You are obviously (well I assume) covered to drive to and from you place of work. If you are working in a different place for a week does this not become your place of work?

To me (but check carefully) this is different from if you were say going out to see clients during the day and claiming mileage.

Oldernotwiser

Chris_M wrote: »

Not possible. I drive a high-performance sports car insured through a specialist and business use is not permitted.
.

I agree with Uncertain that this is questionably business use. I also think, I'm afraid, that your unusual situation re your car is hardly your employer's problem. I don't see that they're required to pay anything other than mileage.

Chris_M_3

Uncertain wrote: »

OK, so I assume there is no requirement for you to use your car (obviously subject to being paid mileage) as part of your terms of employment?

There is nothing in my contract which requires the use of my private vehicle for business use.

Also, have you checked the insurance position very carefully. You are obviously (well I assume) covered to drive to and from you place of work.

Yes, I am insured for SD&P inc commuting to my normal place of work. I checked with my insurance company and I would not be covered travelling to the training centre, as it is not my normal place of work.

I'll stress again that this is my second stint with this employer but am now employed by a different office & management team.

The previous office/management team provided company vehicles for any travel away from the office. They also provided me with a disabled parking space within 2 weeks of asking for one.

I realise times are tough for businesses and every penny is a prisoner but that doesn't give my current employer the right to expect its employees to break the law nor be disadvantaged in the workplace.