Constructive dismissal

[sandion]

advise

 

On behalf of a friend, My friend subsequently resigned from her job because she was told that she would be moved to anther location to work, this meant that her travelling to and from work would add another two hours travelling time to her journey (this would increase to 6 hours travelling to & from work each day). not to mention the extra cost.

 

This location change was to be a straight swap with the person she was going to replace, she was told that the reason for the swap was because her skills was better suited for that location.

 

The person who she was replacing also tendered her resignation for the same reasons (cost and length of time travelling to & from work).

 

They accepted my friends resignation and kept the other person on at her original location, the company has since advertised and filled the position which my friend vacated, (the same job title e.t.c).

 

My friend has a medical condition and is registered disabled, which meant that an extra 2 hours on top of the 4 hours commuting she was already doing was not manageable. the company's response to this was "its your decision where you live" .

 

Surely the company has a duty of care.

 

Thanks in advance for you help

 

sandion

[honeybee13]

Hello there.

 

You posted this in the media subforums, so I've moved it to the main employment one in the hope that you will have some answers. I expect the guys will be along later.

 

My best, HB

[Emmzzi]

please tell us what information your friend has in writing from the company, and what the company knew of the disability and managing it.

[Sidewinder]

....also whether there is a mobility clause in the contract

[sandion]

please tell us what information your friend has in writing from the company, and what the company knew of the disability and managing it.

 

Hi HB,

 

Sorry for delay in responding, I have contacted my Friend and apparently, she has noting in writing from the company, however, the company was aware of her condition.

I have lifted a couple of sentences from the mobility clause:

It is a condition of your employment that you are prepared, whenever applicable, to travel to any other of our sites within reasonable travelling distance on a temporary basis. This mobility is essential to the smooth running of our business.

The move was permanent and the travelling distance was certainly not a reasonable distance.

 

Thanks

Sandion

[SNALF]

Sandion, in addition to the mobility clause, does the contract state a location? The current location I mean as the place of work?

[Emmzzi]

so nothing in writing about moving location etc?

 

what did she put in her resignation letter?

 

It's very tough to prove a case with no evidence.

[Pusillanimous]

What your friend should have done prior to resigning was to make out a grievance to allow the firm a chance to investigate her claim. If she did not complain before she resigned, it will be difficult to plead disability discrimination, unless she made it clear in her resignation letter that this was the reason.

 

She would have to demonstrate that the extra six hours a week commuting would directly affect her in a way it did not affect her before.

[sandion]

In her resignation letter, she stated that because of the journey involved the company did not give her any alternative but to resign.

[Emmzzi]

So nothing abour her disability?

 

Not great. She hasn't given them an option to consider her position.