Can an employer dictate how you commute?

Taiko

Just for clarification, and I think I didn't post the exact diagnosis previously, but GP has said it is a vasovagal response.

http://www.mayoclinic.org/diseases-conditions/vasovagal-syncope/basics/definition/con-20026900

Whilst my GP is still monitoring, they indicate it could be work related stress being the cause. Having done a near identical role compared to the job description when I joined, I know I am capable of the job. Unfortunately, and despite repeated requests, I just don't have the required equipment to be able to do the job to the best of my ability, the role itself requiring technical data analysis.

Unfortunately, all the data put in is wrong, and as such I cannot generate good quality data. I looked back over the historic details from before I joined, and my knowledge of the sector tells me all that is wrong as well. Case of banging my head against a wall at times trying to get the changes needed through!

Undervalued

Taiko wrote: »

Whilst my GP is still monitoring, they indicate it could be work related stress being the cause. Having done a near identical role compared to the job description when I joined, I know I am capable of the job. Unfortunately, and despite repeated requests, I just don't have the required equipment to be able to do the job to the best of my ability, the role itself requiring technical data analysis.

I'm afraid in an employment dispute that may be far less help than people often imagine.

Your GP can only go by what he sees and what you tell him. An employer or their lawyer would likely argue that the GP cannot say it is work related. For all he knows there could be far more significant issues going on in your life which you have not told him about.

Taiko

Just as an update, I was called in by HR earlier today. I'd taken further advice from ACAS, who mentioned that the duty of care does not extend to a commute.

My employers apparently witnessed me driving half a mile away from work last week. At no point did I travel anywhere near the office at all, nor used their car parking facilities. When questioned about it, I stated that I'd received clearance to drive from my own GP, and it was outside work hours at the time.

My GP is providing written confirmation, as OH still has not contacted them directly for whatever information they require. My employer however has decided that this is misconduct, and will be investigated further. They have also decided that they will notify the DVLA directly, despite what their website says.

What bugs me is that I was quite some distance from the office at the time, and it's not exactly a common route to take. Unfortunately, that makes me think I was being watched at times once I'd finished for the day.

It's unlikely, based on the website, that my license would be suspended. However, if that were to be the case, part of my employment contract states that it is a requirement of the job to maintain a full license at all times, so this would be a grounds for dismissal.

Madness!

patman99

Then they (your employers) are leaving themselves at high risk of what could be for them, a very costly Court claim.

They cannot inform the DVLA about your driving. They are not qualified to do so.

Make sure to ask your GP for a letter stating that, in his opinion, you are fit to drive. This will come in handy should your employers try to get your license suspended.

If you get a letter from the DVLA informing you that your license has indeeed been suspended, the letter from your GP would soon overturn this.

Also, I would suggest starting a crowdfunding campaign to raise funds to start legal proceedings against your employers as I'm sure that their actions thus far are not actually legal.

Undervalued

patman99 wrote: »

They cannot inform the DVLA about your driving. They are not qualified to do so.

Driving whilst medically unfit is a criminal offence so anybody who has reason to suspect somebody of doing it has a duty to report it to the proper authorities.

As I understand it the OP's employers do not yet have a letter from Taiko's doctor saying otherwise.

It is a requirement of the OP's job that they maintain a valid driving licence so the employer could (reasonably??) infer that they have an incentive to claim to be fit to drive when they are not.

Taiko, I have every sympathy with your position but I think this is escalating to the point where you need to get proper legal advice. The ACAS call centre is not a substitute for this. At the first level you are talking to people with limited training largely following a script.

As I understand it, you have been instructed by your employer not to drive to work. They have since seen you driving nearby although you say not on a commuting journey? So, as it stands at the moment they have a reasonable belief that you have failed to follow a management instruction.

So, that gives two issues. It should be simple enough to convince them that it was not a commuting journey. However that then leaves the question of whether it was reasonable for them to instruct you not to drive to work. Without proper advice don't just assume they can't do that. People are often surprised how far an employer's rules can extend.

There is also the question of how far you want to push this. Hopefully presenting evidence from your GP will be sufficient and that will end the matter but if it does not?

You normally cannot legally challenge a disciplinary sanction short of dismissal. If your employer won't relent then your only options are to travel by other means of ignore a management instruction and drive.

Ultimately if, worst case, you were dismissed then you MAY have a reasonable case to take to a tribunal. However, there are fees to pay and the stress involved is huge. The vast majority of employment tribunal awards are for FAR less than people think, the average being around £6K. Even if you got significantly more you are still without a job.

Not easy.

Reggie_Rebel

Is your vehicle privately owned or a company owned vehicle?

Savvy_Sue

patman99 wrote: »

If you get a letter from the DVLA informing you that your license has indeeed been suspended, the letter from your GP would soon overturn this.

The word 'soon' in relation to the workings of DVLA indicates hope not experience.

I agree with the suggestion made earlier of asking your GP to write direct to the employer, cc OH, confirming that in their medical opinion you are fit to drive. Pay for this if you have to. It will save in the long run!

Undervalued

Reggie_Rebel wrote: »

Is your vehicle privately owned or a company owned vehicle?

Knowing that would help up to a point.

I had assumed it was the OP's own vehicle. However, if it belongs to the company then it is far more clear cut as they almost certainly could prohibit its use.

If, as I had assumed, it is a private car then the firm MAY be overstepping their authority in trying to prevent the OP from using it to commute. But, even if they are (and that is far from certain) and can't be persuaded to back down then the only option is to get dismissed and have the hassle and risk of claiming compensation.

Taiko

The car is my privately owned vehicle, so not a company car.

I've booked in for a free 30min consultation with a solicitor to discuss this, in the hope for some clarity as to where I may stand going forward. I also have a telephone appointment with my GP this evening so hopefully something can be prepared fully to sort the situation out. I'm just hoping that it doesn't become like a war zone, although shots seem to be being fired at the moment.

Reggie_Rebel

The fact that you are required to have a licence as part of your contract indicates either a rural location or driving is part of the job. Yet you are prohibited from driving to work.

I don't really understand the correlation unless something has been missed out.