Can an employer dictate how you commute?

FBaby

If there is no policy, then there is no case for them to make. I am surprised about this though if they expect employees to travel for work purposes in work time. That's quite a significant HR failure that will most likely go very much in your favour.

Googling came up with this
http://www.orsa.org.uk/help-and-advice/frequently-asked-questions/
and interesting statement in their Q&A

There is no legal definition of 'work related road safety', but it relates to the management of the risks which employees and the self-employed face and create when they are driving, riding or walking on the road in order to do their job. It is often referred to as Managing Occupational Road Risk, at-work road safety or driving for work. These terms are interchangeable.

In the UK, it does not normally include commuting (travelling to and from home and the normal place of work) except where an employee's travel from their home to a work location which is not their normal place of work.

Maybe you could contact them for advice?

magpiecottage

xapprenticex wrote: »

if your medical issue caused a crash then imo you should be charged (severity of charge depending on severity of damage to life or property) and your doctor struck off.

Don't be silly. Everybody, including you, is capable of suffering a medical issue at any time.

So if you really believe what you say you should stop driving immediately and never do so again.

The reality is that the OP's GP, has EVIDENCE of their medical history in the form of notes which go back through their history with the NHS (which, for most of us, goes back to when we were born). The doctor who wrote the report for the employer never consulted that information and is therefore going on hearsay and the word of the OP - who is not medically qualified.

The reality is that the GP is in the best position to decide whether the level of risk is acceptable and decided it is.

With regard to the OP commuting, it is their car and their liability, not their employer's. So it is for the OP's insurer and not the employer or the employer's insurer to decide whether to accept that risk.

What does occur to me is that if the employer is dictating how the OP travels to and from work then effectively work time commences from the moment they step out of their front door - rather in the same way that Aldi and Sport Direct have recently been told that time they required employees to spend unpaid before and after shifts counts for minimum wage purposes.

There might be an exception if the OP wears a uniform whilst commuting as that would identify them as representing the employer but otherwise not otherwise.

iamsmith

Legally speaking they can't. Employer can't dictate commuting

Undervalued

iamsmith wrote: »

Legally speaking they can't. Employer can't dictate commuting

Sorry but nonsense!

The OP has less than two years service so can be dismissed for any non-discriminatory reason or no reason at all.

Virtually anything can be made a condition of employment and, again as the OP has no protection from unfair dismissal, a requirement that they do not drive to work without permission could easily be made part of their contract.

This is little different from an employer restricting staff from parking in public roads within a certain distance during working hours.

As I said earlier I have every sympathy with the OP here. Based on what we have been told I think the employer is acting unreasonably or, worse, using this as a pretext.

However, with the possible exception of the real reason for a dismissal (if it gets that far) being some protected disclosure then I'm struggling to see what the OP can do other than present evidence from the GP and ask them nicely to change their minds.

With respect, debates about whether an employer has the "right" to dictate how an employee commutes are largely irrelevant when there is no legal recourse.

patman99

XapprenticeX, you could suffer a heart attack whilst driving down the road and end-up taking out a bus.

That's what happened to a former workmate. He was driving his bus (luckily it was empty) and a car coming the other way wandered into his path and a collision was unavoidable.

The car driver had suffered a heart attack whilst driving. His medical records proved this was an unexpected event as he had been in good health.

Hopefully th op's solicitor's appointment will help her to conclude the issues she is suffering in an ammiccable manner.

Taiko

Not sure which point in this thread I had a sex change, but I take your point regardless!

xapprenticex

all the best to her

Johno100

I'd be inclined to turn the tables on the employer in these circumstances. If they are interferring in how the OP can commute then I'd be making it clear that any misfortune that may befall the OP during their commute e.g. a slip on an icy pavement or god forbid an assult or mugging would be their responsibility.

Dan83

My employer does, we have been given company cars and been told we have to use them for work, no more ridding your push bike in the summer

CrowCrow

To me if they are mandating mode of transport then the commute becomes work hours as they are controlling and directing you at that time.