Can an employer dictate how you commute?

Taiko

Might be an odd scenario, but hoping for some advice.

I had a small medical episode where I passed out briefly at work. My GP investigated, and established the cause, and we know now what the trigger was and how to prevent it happening again. This was a couple of months ago, and employers OH have since said not to drive for work purposes, which I accept. There has not been any relapse.

My own GP is of the belief that I am ok to drive, and I do so in my social life. My employer on the other hand is insisting that I use public transport to commute to work, and is threatening disciplinary action otherwise. The use of public transport adds around 45mins each way onto my commute, taking it over an hour. I am not paid for the additional time.

No other employee is required to use public transport for their commute, and my contract of employment doesn't make this provision either.

Is there anything legally that governs this? I park in a public car park normally, so am not trespassing onto their land. I can't really find anything online to back up their stance, but at the same time cannot find anything for mine either.

sangie595

This has got to be so unusual a situation that I seriously doubt you will find anything to support either position. Which is a problem for you, because a disciplinary short of dismissal is nigh on impossible to do anything about. I doubt, from your description, that this qualifies as a disability. And if it did, it might support the employers argument!

The idea that employers can't control anything you do outside of work is definitely not the case. They certainly can.

So do you want to try to make case law or not? Because defying them may be where you end up. Possibly after they dismiss. If they do.

agrinnall

Sounds like something you should be raising with your union so that you can get legal advice and support. Unfortunately if you're not already a member it's probably too late to join for this issue.

tomtontom

Have you worked there for two years or more?

I expect the employer sees it as their duty of care to ensure you get to work safely. Whether their duty stretches that far could be argued either way.

Taiko

Less than two years of service, and not in the union as I didn't agree with a campaign they were undertaking when I joined.

I anticipate I'll probably leave employment with them anyway, as I've been actively looking for other roles. Shall try and just stick things out until I find a better place!

bugslet

I'd be parking out of sight and saying that you came by bus. If your GP says you can drive, I don't see that as an issue.

One of the other posters raised the duty of care aspect, but I'm surprised that can extend to personal time. Say you go to the gym before work, you could drive to the gym, if the gym happens to be a street away, you could walk the last 500 yards.;-)

tomtontom

bugslet wrote: »

I'd be parking out of sight and saying that you came by bus. If your GP says you can drive, I don't see that as an issue.

One of the other posters raised the duty of care aspect, but I'm surprised that can extend to personal time. Say you go to the gym before work, you could drive to the gym, if the gym happens to be a street away, you could walk the last 500 yards.;-)

We're not talking about personal time in the general sense, this is specifically about the journey to and from work. If the employer is aware that tiredness may trigger an episode, is it reasonable that they tell the worker not to drive? If a worker finishes work in the middle of the night or a remote area, is it reasonable that the employer stipulates they do not walk home alone? I can see arguments for both sides, but can understand the employer's POV in today's litigious society.

TELLIT01

I don't know the legal position, but I would have thought that the doctor's opinion that you are fit to drive would make and disciplinary action extremely difficult if you had been there over 2 years. As you have been there less than that your employer would be able to sack you at any time.
As you are actively seeking new employment I would be inclined to accept what you current employer demands. Doing otherwise could also jeopardise a good reference.

Darksparkle

How would they know how you got to work?

Marktheshark

Jumped up little Hitlers.
Look for another job, one that dont think they own you like a slave.

bugslet

I get tomtontom, it's one of those controlling things that make my hackles rise.:p