Advice required regards employment situation rights - location of work

Mistermeaner

thanks for comments. the cost of taxi to local office would be prohibitive… and also pretty pointless imo as I would just sit there on teams like I would at home as the office is practically empty and I don’t have any need to speak directly with anyone in that office. They’re all in different teams doing different stuff.

public transport is just not for practical. You’re talking multiple trains and taxis both ends. It’s not like inner city commuting.

Of course I’m happy to discuss transport options to see what works it’s just unlikely there is any reasonable option from from both sides, especially given as I do 3 days a week at home anyway and have been doing 5 days a week for nearly 2months now

Mistermeaner

just to add as well the remote site where my team work is huge. You need a car to get around. From the gate to the office I work is half a mile (and a taxi would not be allowed in). My team and colleagues are spread all over the site , no one walks (indeed you are not allowed to walk in many places) everyone gets around in vans or most commonly people do meetings by teams. Being there in person really makes little practical difference to how work is done.

GingerTim

https://forums.moneysavingexpert.com/discussion/comment/82133183#Comment_82133183

To add to this, if the OP continues in the long-term/permanently to be unable to attend the workplace on their reduced hours I think there is a non-zero chance of dismissal on capability grounds - somewhat dependent on how much importance the employer puts on attendance and how much they want to keep the employee.

LightFlare

How you get to work is honestly, not the employers problem

Whether they require you to be on-site and how often may be negotiated

You are not entitled to anything beyond your contract and reasonable means just that and it’s what it reasonable for them not you

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/82135052#Comment_82135052

Which does seem to be how the OP was hankering quite early in the thread - to manufacture the circumstances for a payoff:

im prepared to stand firm on this and ultimately if they deem this unacceptable we’ll be in severance discussions in which case it will be more £ for me than simple dismissal IMO 

https://forums.moneysavingexpert.com/discussion/comment/81216956#Comment_81216956

NCC1701-A

I wonder whether this person had the same approach to working with their employer to find a reasonable solution. A cautionary tale for the OP.

University worker ordered to pay £20,000 after parking spot discrimination row

https://www.independent.co.uk/news/uk/home-news/employment-tribunal-leeds-beckett-university-amanda-barrow-b3047962.html?fbclid=IwY2xjawUQu11wZG9mAWV4dG4DYWVtAjEwAHNydGMGYXBwX2lkEDIyMjAzOTE3ODgyMDA4OTIAAR6KOWDAb9PtOrHHxj6zJQkIw7xgCXfMNFuFyx4YgeNNo602Qf6J3c6GK2ZJbw_aem_WoOOdTJDiTCIOGzZW7ZZYA

GingerTim

https://forums.moneysavingexpert.com/discussion/comment/82135172#Comment_82135172

Forgot that bit (admittedly a while back!)

Though of course if dismissed on grounds of capability the OP wouldn't get a payoff. The employer only has to pay the contractual notice and, there almost certainly wouldn't be any further redundancy payment and certainly no severance negotiation.

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/82135210#Comment_82135210

Well I suspect you are more correct that not.
The OP was not of that same opinion / expectation / aspiration:

I think there’s enough noise around this and ambiguity in my contract to make firing me expensive which I’ll take. I’ll also very quickly go off sick with stress and highlight the impact this has on my heart condition. I’m quite happy to play that game 

It seems as though the OP has now looked to try to fabricate some other set of circumstances whereby tey can construct a payout…

https://forums.moneysavingexpert.com/discussion/comment/81218715#Comment_81218715

GingerTim

https://forums.moneysavingexpert.com/discussion/comment/82135360#Comment_82135360

Unfortunately (from the OP's point of view) I don't see any of what they claim flying. They overestimate the supposed strength of their hand. Any competent employer should know that threats to create 'a stink' are pretty hollow - there's simply no stink to be created and no ambiguity if the employer follows the legal process, demonstrates the employee is incapable of the job owing to their disability, and dismisses them.

I speak from recent bitter experience with my union hat on, having represented a couple of people managed out through a capability process. One in particular sticks in my craw, a colleague who developed a disability but despite 25 years of exemplary service and my, and the branch's, pleading on their behalf, they got the contractual three months' notice, which is all that had to be paid. We knew we had no recourse in law and were reliant on the employer's goodwill.

If I was the OP I would avoid giving the employer any excuse to go down the capability route.

Mistermeaner

thanks for all the comments guys appreciated - this is exactly why im here to get challenge to my thinking

just so I can fully understand ; in order to dismiss someone on capability grounds who has been assessed as disabled the employer surely needs to show that they reviewed reasonable adjustment and that none are practicable?

I’m wondering in my case where the only issue performance wise can be where the job is done from (all prior reviews are excellent no issues have been raised regards my work) and we have a track record for years of the role being done remotely …. Surely if proven to be successful working remotely how can that not now be a reasonable adjustment ?