Flexible Working Request / Constructive Dismissal

Dreamingandimpatient

Any advice welcome please. 

I applied for flexible working to become fully remote. I was currently working 4 days a week from home but due to medical reasons I am unable to commute / be in the office. Because of the request being declined , I feel like I am now needing to hand my notice in as I physically cannot get to the office (1.5 hour commute each way). 

Is there anything else I can do before I resign? I’ve been at the company for over 12 years.  

Thanks. 

The_Unready

Why was your  request declined?

Dreamingandimpatient

they just said it wouldn’t work with the structural changes pending in the organisation. My manager is already dead against it and made that very clear to me when I applied. So kind of knew it would be rejected but wanted to ask anyway.  They feel as I’m a line manager I need to be in around my team at least once a week. But of course - not included that in my rejection notice. 

Undervalued

Dreamingandimpatient said:

Any advice welcome please. 

I applied for flexible working to become fully remote. I was currently working 4 days a week from home but due to medical reasons I am unable to commute / be in the office. Because of the request being declined , I feel like I am now needing to hand my notice in as I physically cannot get to the office (1.5 hour commute each way). 

Is there anything else I can do before I resign? I’ve been at the company for over 12 years.  

Thanks. 

Less than 3% of constructive dismissal cases are won at tribunal (although some more are settled beforehand) so think very carefully.

Also, it is almost always necessary to fully exhaust the firm's internal appeals processes first to have any chance.

Get some professional advice from a solicitor who specialises in employment law before doing anything.

Southend_2

Would the medical issues be classed as a disability? Maybe worth going through Occupational Health and\or access to work to get a report and see if you can get WFH recommended as a reasonable adjustment.

Muskey

As a man-manager, it is understandable that you need to see your staff face-to-face periodically, so the refusal seems reasonable to me.
Similar to my own situation, being unable to travel to your staff base, makes you unfit for the role for which you were employed and the company may need to terminate your contract on those grounds. This is not seen as constructive dismissal.

LinLui

As someone who manages people, some of whom are men and others aren't, I do agree that managing staff and being fully remote is far from ideal; and I say that as a disabled manager of people who primarily works remotely. But face to face time is important for people. 

That said, and with respect, you chose to live 90 minutes commute from your workplace. The fact that you cannot manage the commute now is really not your employers problem. They have given you business reasons for the refusal (and despite the fact they seem not to have said that face to face time with staff is important, I really do think it is), so I fail to see sound grounds for any claim. Not liking the reason isn't cause for constructive dismissal. And having medical grounds isn't grounds to say that something must happen. 

I think you would struggle to justify what is, in any circumstances, a very weak claim. Is there any possibility of negotiating - say one day every fortnight? 

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