Urgent Advice Please !!?
July 29th, 2009 | 
Author: This is on behalf of my husband: He has worked in a local garage for nearly 7 yrs now and he is having problems with the management, the thing is his contract is to work in our local branch but as needs arise he can be moved to another branch to cover. His boss is now trying to make him work in one of the other branchs which is about 45 mins drive away, the thing is my husband has no transport the trains and buses run too late for his working hours and the family car I need to travel to my job which is 20 mins drive away, I would walk but I am 5 months pregnant and to get a taxi would cost us an extra £60 – £70 a week.
My husbands boss has told him he has to start work at the other branch from Monday we have wrote a letter stating why this is impossible and we have made loads of phone calls but they dont seem to care. The other point I should make is there are 2 other lads working with my husband at the moment one with no family ties and his own transport and the other who travels from were they want my husband to work.
We think they want to get rid of my husband but they have no legal reason to sack him and they dont want to pay him redundancy which he has said he will take.
What are my husbands options please
We have been trying to get into Citizen advice all week and they keep passing us from one depo to the other, We have a number for ACAS which he is going to call tonight and see what they say. He asked them if they could come to some arrangement with him over travel but all they said was it is not our problem if you cant get here. Make your wife walk or bike. yeah like thats going to happen at 5 months pregnant
I cant get a lift into work from anyone else cause they all live miles away from my home, We dont have an extra £60 for taxi’s for me then extra petrol money for my husband we will be working for nothing and buses dont run up to my place of work.
I understand that needs have arised but this does not give them the right to pick my husband the only mechanic in this branch with no transport and make him go there on a permanent basis in my opinion they are discriminating against him.
Is he being asked to work from the other branch PERMANENTLY? Because if so, this is AGAINST what his contract says. His contract says that he may need to work in other branches as the need may arise – not permanently. So, if they did want to move him to another location permanently, they would have to give him 30 days notice of this in writing as this is a change to the conditions of his contract – not just tell him to go on Monday.
So, if they gave him notice of the change and he didn’t want to accept it, then he is redundant. However, redundancy only applies if the distance that the employer is now making him travel is "unreasonable". There is no definition of "unreasonable" – it depends on people’s own personal circumstances. You can read more about it at the link below.
However, if the move is not supposed to be permanent, then this obviously doesn’t apply as his contract states that he can work from other branches on occassion.
You mention discrimination. This is in NO WAY discrimination. What would be discrimination is if the Managers deliberately picked someone else to go because your husband has a pregnant wife. Employers are required to treat all employees the same regardless of their individual circumstances.
One thing that you don’t seem to take into account is whether your husband’s employer – either since he has been working there or when he was applying to work there – has ever asked if he has his own transport. Usually, this is something that most employers ask as part of the application process, to make sure that you can get to where they want you, and so that you’re not relying on public transport. If they had asked, and he has ever answered yes, then they do have a right to expect him to have a car for his use. The fact that the family only has one car and you need it doesn’t come into the equation.
Basically, legislation is somewhat sympathetic towards parents and to expectant mothers, but usually not to expectant fathers. So I would be surprised if you really get anywhere with this.
Posted in Contract Management Training
That’s so terrible! Sounds like they could be trying to get rid of him, especially with how things are at the moment with the recession.
Go to the citizens advice bureau, they will be able to give legal advice I would think and would be able to tell you your rights. Do that asap.
I would go down the road of discrimination if they did make noises about firing him, as its not his fault he cant travel! Maybe suggest they provide some sort of solution to that, such as a company car/van? Paying for taxi’s maybe?
I really feel for you and think you need to get some advice on your rights asap before this man makes life even more difficult for your husband.
Good luck. x
References :
advice him to engage in the work at home jobs and home business opportunities on the internet.And when he starts making progress he will fire his Boss.
But to be honest, a lot of work at home jobs are scams and schemes, so you have to be very careful when choosing any business opportunity. However, there are also many legitimate work at home jobs as well as home based business opportunities on the internet that can help you make a lot of money online fast.
There are some important factors to look for when searching for a legitimate work at home job or home based business opportunities as follows:
Must have very good products or services to promote
Must be in good standing with Business Regulation Agencies
Must send paychecks out at least once per month (on time)
Must have been successfully in business for at least three years or above
Must have a great support, training and leadership
References :
Do You Want To Over-come The World Economic Recession And Be In Prosperity In This New Year?
If Your Answer Is Yes, Then Sign Up Freely here And Go To Your E-mail And Confirm Your Sign Up.
Follow Other Instructions later And Start Earning Big Cash Every Month.
Sign Up Freely Here:
https://www.moreinfo247.com/10310222/FREE
Tricky. Is he in a trade union? In which case – they will be able to help him.
If not Citizens Advice Bureau is your next choice.
To clarify the issue – it seems that you are saying your husband will either work at his normal place of work or accept redundancy but will not work at the other branch.
However, you also say that his contract says he can be moved to another branch "as needs arise."
Well ‘needs have arisen’ and they’ve exercised their right under the terms of the contract.
I don’t think he has a lot of choice but to accept the change. They could argue that he has been fortunate until now not to have been moved around previously.
How much longer before you go on maternity leave? Might be the better option for you to get taxis for your last few weeks at work – or can you get a lift from someone else? Or the bus.
I think they are within their rights. It might not seem fair to you.
There is a distance limit on how far an employer can send someone to work. I don’t remember it. Try Googling for it. You might find under employment legisaltion. Also Try ACAS – but time is against you.
My view (as a manager of large workforces for over 30 years) is that employer is within his rights – based on what you have said about the contract of employment.
References :
*Technically* they are within their right to do this since it is in your husband’s contract that he can be transferred to other locations. But I think you are right, it does sound malicious. Since the managers seems totally unwilling to negotiate with your husband, I think it is probable that they are trying to get rid of him, although if he has done nothing wrong, they are walking a fine line, very fine line really. I know you said you have had trouble getting help from citizen’s advice, but you must keep trying because they can make phonecalls on your behalf and they know exactly how to handle this kind of thing.
Please bare in mind that if they make it impossible for your husband to reasonably stay in his job, if he resigns, he still may have a case for constructive dismissal which legally is almost the same as being outright fired. Tell him to keep records (if possible written records from his managers as well, specifically that he has raised concerns with them about this new move) of anything that happens now because if he pursues this route, this will be important as proof.
I don’t really feel that it is reasonable for the managers to make comments about your pregnancy or to suggest things about your own transport and perhaps I’m wrong, but maybe they are saying that stuff to try to push your husband into reacting to it. They sound like really scummy people to be honest, and your husband would be better off not working for such awful people, but don’t let him quit without good reason. At this time especially, it may be difficult for him to find something else, and with a baby on the way, you definitely don’t want to find him out of work.
Best of luck with this situation, and all good wishes for the rest of your pregnancy.
References :
Personally I believe that letters are excellent, providing they are presented using excellent punctuation and spelling (always use a spoil chequer!). You can get some excellent tips and tricks for composing letters by following the resource in the box below, it’s got plenty of extra info about job seeking aswell.
References :
http://onaratoesh.tigrr13.com
Is he being asked to work from the other branch PERMANENTLY? Because if so, this is AGAINST what his contract says. His contract says that he may need to work in other branches as the need may arise – not permanently. So, if they did want to move him to another location permanently, they would have to give him 30 days notice of this in writing as this is a change to the conditions of his contract – not just tell him to go on Monday.
So, if they gave him notice of the change and he didn’t want to accept it, then he is redundant. However, redundancy only applies if the distance that the employer is now making him travel is "unreasonable". There is no definition of "unreasonable" – it depends on people’s own personal circumstances. You can read more about it at the link below.
However, if the move is not supposed to be permanent, then this obviously doesn’t apply as his contract states that he can work from other branches on occassion.
You mention discrimination. This is in NO WAY discrimination. What would be discrimination is if the Managers deliberately picked someone else to go because your husband has a pregnant wife. Employers are required to treat all employees the same regardless of their individual circumstances.
One thing that you don’t seem to take into account is whether your husband’s employer – either since he has been working there or when he was applying to work there – has ever asked if he has his own transport. Usually, this is something that most employers ask as part of the application process, to make sure that you can get to where they want you, and so that you’re not relying on public transport. If they had asked, and he has ever answered yes, then they do have a right to expect him to have a car for his use. The fact that the family only has one car and you need it doesn’t come into the equation.
Basically, legislation is somewhat sympathetic towards parents and to expectant mothers, but usually not to expectant fathers. So I would be surprised if you really get anywhere with this.
References :
http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10028541